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Domestic Battery - 1st Offense/Misdemeanor

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joe645

Member
I live in Nevada and have an adult grandson who was involved in an on and off bad relationship with an adult female. Before leaving the relationship, there was an argument and physical altercation. It seems she was slapping him and he was trying to push her out the door. She called the police and a report was taken. The police said she had a bruise or red mark on her chest from being pushed out the door. Domestic Battery charges were filed against my grandson. He had a preliminary hearing and was asked by the Public Defender to take a plea and attend 80 hours of class. He said no, due to the fact he felt he was innocent of the charge due to the circumstances surround the incident. A bench trial is set for March this year. As his Grandparents, we are very aware of the female and her actions. She suffers from depression and bipolar problems. She has a history of charging and complaining about similar incidents with a variety of people. She also has a history of telling stories and out and out lying about matters. My grandson has also had a troubled past with drugs and other misdemeanor offenses. He is on a road to turn his life around and has successfully secured a fine job with a great future outlook. Naturally, he doesn't want to jeopardize it. We are prepared to file affidavits with the court regarding our knowledge of the relationship as well as his mother, the females' father and a close friend, all of whom have cell text messages showing the mental unbalance of the female. Is there anything else that can be done?
 


Ladyback1

Senior Member
I live in Nevada and have an adult grandson who was involved in an on and off bad relationship with an adult female. Before leaving the relationship, there was an argument and physical altercation. It seems she was slapping him and he was trying to push her out the door. She called the police and a report was taken. The police said she had a bruise or red mark on her chest from being pushed out the door. Domestic Battery charges were filed against my grandson. He had a preliminary hearing and was asked by the Public Defender to take a plea and attend 80 hours of class. He said no, due to the fact he felt he was innocent of the charge due to the circumstances surround the incident. A bench trial is set for March this year. As his Grandparents, we are very aware of the female and her actions. She suffers from depression and bipolar problems. She has a history of charging and complaining about similar incidents with a variety of people. She also has a history of telling stories and out and out lying about matters. My grandson has also had a troubled past with drugs and other misdemeanor offenses. He is on a road to turn his life around and has successfully secured a fine job with a great future outlook. Naturally, he doesn't want to jeopardize it. We are prepared to file affidavits with the court regarding our knowledge of the relationship as well as his mother, the females' father and a close friend, all of whom have cell text messages showing the mental unbalance of the female. Is there anything else that can be done?
You and friends/family were NOT witnesses to what happened.
Your statements are pretty much worthless in court...
 

Silverplum

Senior Member
I live in Nevada and have an adult grandson who was involved in an on and off bad relationship with an adult female. Before leaving the relationship, there was an argument and physical altercation. It seems she was slapping him and he was trying to push her out the door. She called the police and a report was taken. The police said she had a bruise or red mark on her chest from being pushed out the door. Domestic Battery charges were filed against my grandson. He had a preliminary hearing and was asked by the Public Defender to take a plea and attend 80 hours of class. He said no, due to the fact he felt he was innocent of the charge due to the circumstances surround the incident. A bench trial is set for March this year. As his Grandparents, we are very aware of the female and her actions. She suffers from depression and bipolar problems. She has a history of charging and complaining about similar incidents with a variety of people. She also has a history of telling stories and out and out lying about matters. My grandson has also had a troubled past with drugs and other misdemeanor offenses. He is on a road to turn his life around and has successfully secured a fine job with a great future outlook. Naturally, he doesn't want to jeopardize it. We are prepared to file affidavits with the court regarding our knowledge of the relationship as well as his mother, the females' father and a close friend, all of whom have cell text messages showing the mental unbalance of the female. Is there anything else that can be done?
I don't see how the proposed affidavits change the part I bolded in your post. The trial is not about "the female's" character, it's about physical violence.

He's the one in trouble, and he should be finding out his info. Tell him to start here: http://www.lasvegasnevada.gov/information/659.htm
 

joe645

Member
I don't see how the proposed affidavits change the part I bolded in your post. The trial is not about "the female's" character, it's about physical violence.

He's the one in trouble, and he should be finding out his info. Tell him to start here: http://www.lasvegasnevada.gov/information/659.htm
Am I to believe that trying to defend yourself (the slapping incident) does not carry any weight in this matter? With this females history of false accusations (one even against her own father) could not have some affect on the judge's verdict?
 

Ladyback1

Senior Member
Am I to believe that trying to defend yourself (the slapping incident) does not carry any weight in this matter? With this females history of false accusations (one even against her own father) could not have some affect on the judge's verdict?

YOU were NOT, I repeat NOT there! You have no idea if this a false accusation or not.

If you want to help him? Get him an attorney and stay the heck out of anything further. This is not your fight.
 

cbg

I'm a Northern Girl
She suffers from depression and bipolar problems

Neither of which has anything at all to do with her veracity.
 

LdiJ

Senior Member
Am I to believe that trying to defend yourself (the slapping incident) does not carry any weight in this matter? With this females history of false accusations (one even against her own father) could not have some affect on the judge's verdict?
Joe, the problem in this case is that the woman had direct signs of violence against her (red marks or bruising) when apparently your grandson had none from the slapping. No matter how mentally ill someone might be nor how bad their character might be violence is not permitted against them unless it is necessary to save ones own life, or the lives of others present, or to prevent serious injury (and even that part can be iffy). On top of that, none of the people who wish to make affidavits were witnesses to the event. On top of that, affidavits are virtually useless unless the person making the affidavit is also present in court as a witness, and is able to be cross-examined, and their testimony can be deemed as relevant.

Your grandson needs an attorney and he needs to listen to the advice of the attorney. If the attorney is able to properly introduce evidence of the woman's history of violence, there is a chance that it could mitigate things for your grandson...but affidavits from people who are naturally biased in favor of your grandson are going to be of little to no use at all.

What your grandson should have done was to walk away from the situation or not retaliate about being slapped...since obviously he was not in serious danger from being slapped. He chose instead to push her forcefully enough to either leave a red mark or bruise. Maybe, it also would have been wiser for your grandson to leave the relationship long before this incident.

I am sorry for your family but reality is reality.
 

cbg

I'm a Northern Girl
And let's get our terminology straight; neither depression nor bi-polar disorder is considered a mental illness.

But be that as it may, unless the OP is a licensed psychologist or psychiatrist, I'd be very careful about slinging such terms around.
 

single317dad

Senior Member
Am I to believe that trying to defend yourself (the slapping incident) does not carry any weight in this matter? With this females history of false accusations (one even against her own father) could not have some affect on the judge's verdict?
Whether or not the state eventually requires it, please encourage your grandson to attend some DV counseling sessions. He's but one of many thousands of men in the same position, and if every one of them were to attend and take seriously a good quality DV group course, they could learn to avoid these situations in the future.
 

FlyingRon

Senior Member
And let's get our terminology straight; neither depression nor bi-polar disorder is considered a mental illness.
This is obviously NOT true. Even the APA that eschews the words "mental illness" in favor of disorder and disability terms these mental illnesses. The National Institutes of Mental Health and others like the Mayo Clinic pretty much start the definition of these terms with "this is a mental illness in which..."

Of course, it's entirely spurious to the legal topics at hand.
 

Just Blue

Senior Member
I live in Nevada and have an adult grandson who was involved in an on and off bad relationship with an adult female. Before leaving the relationship, there was an argument and physical altercation. It seems she was slapping him and he was trying to push her out the door. She called the police and a report was taken. The police said she had a bruise or red mark on her chest from being pushed out the door. Domestic Battery charges were filed against my grandson. He had a preliminary hearing and was asked by the Public Defender to take a plea and attend 80 hours of class. He said no, due to the fact he felt he was innocent of the charge due to the circumstances surround the incident. A bench trial is set for March this year. As his Grandparents, we are very aware of the female and her actions. She suffers from depression and bipolar problems. She has a history of charging and complaining about similar incidents with a variety of people. She also has a history of telling stories and out and out lying about matters. My grandson has also had a troubled past with drugs and other misdemeanor offenses. He is on a road to turn his life around and has successfully secured a fine job with a great future outlook. Naturally, he doesn't want to jeopardize it. We are prepared to file affidavits with the court regarding our knowledge of the relationship as well as his mother, the females' father and a close friend, all of whom have cell text messages showing the mental unbalance of the female. Is there anything else that can be done?
Your ADULT grandchild should deal with his ADULT issues himself.
 

Just Blue

Senior Member
https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/parents-legal-rights-611512-p3.html#post3312370

OP has issues with allowing ADULTS to deal with their own LEGAL problems. :(
 

TigerD

Senior Member
https://forum.freeadvice.com/marriage-domestic-partnerships-other-family-law-matters-45/parents-legal-rights-611512-p3.html#post3312370

OP has issues with allowing ADULTS to deal with their own LEGAL problems. :(
Perhaps that implies an understanding into why the grandson is (allegedly) beating his girl into submission....

TD
 

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