What sentencing am I looking at?

[jford6358]

What is the name of your state?
Louisiana

I am currently on felony probation. I was charged recently with domestic abuse battery with child endangerment. I have court in a few days. I am concerned as to what could possibly happen. I have a 6 month old baby. The situation was I slapped my boyfriend while we were outside and my infant was in the house. He called the police. They did not arrest me. We are still in a relationship together, still living together and he plans to go to court with me to tell them that. But I'm scared as to what may happen.

 

[HRZ]

He cannot unring the bell you rang ...either take a darn good lawyer or your toothbrush to court with you....the court might be amused and you go directly to jail.

 

[justalayman]

Are you certain you are allowed to live together now? Many states impose a restraining order against the defendant where they cannot have any contact with the victim. If true in your case you or he needs to find another place to stay. Violation of that order is a seperate charge and is prosecutable regardless what happens with the DV charge.

 

[jford6358]

Are you certain you are allowed to live together now? Many states impose a restraining order against the defendant where they cannot have any contact with the victim. If true in your case you or he needs to find another place to stay. Violation of that order is a seperate charge and is prosecutable regardless what happens with the DV charge.

We are both actually on probation. Our probation officer knows of the situation and had not told us to separate. Also the officers advised we find other arrangements but said they had no reason to force it other than. Making one of us leave just for that night. He denied their offer for both a protective order and if they needed to remove me from the home.

 

[Just Blue]

We are both actually on probation. Our probation officer knows of the situation and had not told us to separate. Also the officers advised we find other arrangements but said they had no reason to force it other than. Making one of us leave just for that night. He denied their offer for both a protective order and if they needed to remove me from the home.

Be aware that your probation may be revoked and you might have to finish your sentence in prison/jail. I suggest you both talk to your attorney and get some therapy for your anger/poor life choices. It's very sad that you chose to bring a child into the mess that is your life. Hopefully when this is resolved you will do better going forward...for your childs sake.

 

[LdiJ]

What is the name of your state?
Louisiana

I am currently on felony probation. I was charged recently with domestic abuse battery with child endangerment. I have court in a few days. I am concerned as to what could possibly happen. I have a 6 month old baby. The situation was I slapped my boyfriend while we were outside and my infant was in the house. He called the police. They did not arrest me. We are still in a relationship together, still living together and he plans to go to court with me to tell them that. But I'm scared as to what may happen.

You said you were charged with domestic abuse battery but you said that you were not arrested. That seems contradictory so how did that happen?

 

[justalayman]

You said you were charged with domestic abuse battery but you said that you were not arrested. That seems contradictory so how did that happen?

Why is that? Not all dv charges are the result of a situation the cops deem one must be arrested. Unless they are in a “must arrest” state, the cops respond to the call and file their report if the cops don’t see a reason to actualy arrest or more likely, they didn’t believe charges would be likely to be filed. If the DA sees probable cause to charge them, the DA files the charges and the court issues a summons for the defendant to respond to the charges. Sometimes instead of the summons an arrest warrant is issued.
While an arrest is more common, there isn’t always an arrest.

 

[HighwayMan]

In the case of a misdemeanor where the police determine there is no impending danger to the victim, an arrest is optional. When a felony is involved is an arrest mandatory.

 

[not2cleverRed]

I'd be more worried about the "child endangerment" part.

 

[HighwayMan]

She was possibly charged with that for leaving the infant in the house while outside. Whether that goes anywhere will be up to the court system.

 

[stealth2]

Call your lawyer first thing. Ask him/her if you should call your PO.

 

[LdiJ]

Why is that? Not all dv charges are the result of a situation the cops deem one must be arrested. Unless they are in a “must arrest” state, the cops respond to the call and file their report if the cops don’t see a reason to actualy arrest or more likely, they didn’t believe charges would be likely to be filed. If the DA sees probable cause to charge them, the DA files the charges and the court issues a summons for the defendant to respond to the charges. Sometimes instead of the summons an arrest warrant is issued.
While an arrest is more common, there isn’t always an arrest.

Since when has it been wrong on this forum to ask a poster to elaborate on their post?

 

[justalayman]

Since when has it been wrong on this forum to ask a poster to elaborate on their post?

It’s not. I was addressing your statement that the being charged yet there was no arrest was contradictory. As has been shown in LA, as it is in some other states as well, an arrest is not always mandatory. In LA if it is a misdemeanor level crime and the police do not believe the victim is at risk of further harm, the police can choose to not arrest.
So there are times there is no arrest yet charges are filed. It isn’t contradictory.

 

[jford6358]

Call your lawyer first thing. Ask him/her if you should call your PO.

My p.o. is aware of the situation. This happened 2 months ago. Court is tomorrow. And from what I understand they aren't even giving me an arraignment. It's straight to sentencing.

 

[stealth2]

I will never understand why people wait until a few days before court to ask for help.

Good luck.