my husband and i were fighting the day before yesterday and someone called the cops and i dont know why because all we did was argue. we didnt even put a finger on each other. now we have a 72 hour restraining order on each other. what kind of trouble can we get into though??????????? at the police dept they told me that it was just a misdomeanor.
2006-06-24 23:52:46 · 19 answers · asked by Amber 3 in Politics & Government ➔ Law Enforcement & Police
how can i avoid getting in trouble over this? i have to go to court and the cop that arrested my husband and i is going to be there. all she heard was hollering at each other and when she came in, she said, "both of yall are going to jail. i heard everything." she didnt hear noone hitting noone because we werent. why will the arresting cop be at my court?????????
2006-06-25 17:12:09 · update #1
maybe this is a hint to find a better way to settle your differences instead of broadcasting them so all the neighbors can hear. do the 72 hours and cool it down.
2006-06-25 00:02:25 · answer #1 · answered by oldguy 6 · 0⤊ 0⤋
people need to look up the definition of battery before they give an answer. the definitionof battery is "being touched in a rude or insolent manner." So even pointing your index finger into someones chest is battery. Doesnt take much to be called a battery, as long as it was done rudely. As for the 72 hours restraining order, i dont think there is a reason to stay away from eachother, but dont go out in public together till the 72 hours is over. If a police officer saw you two together he could arrest you again for violating the restraining order.
Even yelling fights get neighbors concerned. They are only being concerned for the womans safety. More often then not during a very volitile fight she is getting the crap kicked out of her. We, the police do not take those calls lightly. they are one of the few types of calls we answer with lights and sirens.
If you two were interviewed seperately at your house then maybe your husband said something to them that led them to believe you two touched eachother somehow. that would give them the reason to arrest on the battery charge. I personally would never arrest both people, probably wouldnt have arrested either one of you. What it means is, is that if they arrested both of you, then they arrested the perpetrator of the battery and the "victim" of the batter.
good luck
2006-06-25 12:29:38 · answer #2 · answered by viperroadster 2 · 0⤊ 0⤋
this happened to me a few years ago, but there was abuse going on, a neighbor called the police, they took my husband away, even though I didn't press charges. they said the state was going to press charges on him for the assault. Since I didn't want him to go to jail for a year, in court I stated that he hadn't laid a hand on me witch was true (it had been his elbow). We went to court together, and didn't pay attention to the 72 hr restraining order. As long as nothing really happened everything will be ok. My Now ex was also put on a kind of probation (stating that any domestic violence calls for the next 6 years would land him in jail for 1 year). Good Luck from KY
2006-07-09 02:59:02 · answer #3 · answered by brandy 2 · 0⤊ 0⤋
Your neighbors could have thought it was domestic dispute and called the cops out of safety for you guys and possibly themselves. Under said law in New Jersey, you may have to go to court depending on the findings of the officer, on your written statements and if there was violence involved. If there was violence involved it would be a mandatory arrest of one or both of the parties involved. It all depends on the state you live in. You can look up your local laws online. I suggest www.fop.com
2006-06-25 13:35:37 · answer #4 · answered by Jenn 2 · 0⤊ 0⤋
Domestic battery laws in the United States make it possible for Law Enforcement Officer to be sued for NOT making an arrest. The officers must have seen some signs of physical injury or they would have nothing to base their case on. But they cannot look the other way in physical indications of abuse are present. Obviously they felt the abuse was mutual.
2006-06-25 07:29:46 · answer #5 · answered by rumplesnitz 5 · 0⤊ 0⤋
Statutes can vary from place to place. Kudos to whomever phoned the police, as the two of you obviously need someone to step in and tell you that you are acting like children. Also, if they told you that it was just a misdemeanor, why are you expecting anyone else to tell you different? You both screwed up, accept your punishment and find a more mature way to deal with your problems. In other words, put on your big girl panties and deal with it. BTW, I would turn in arguing neighbors too, I have my own life and don't need to hear their soap opera drama crap too.
2006-06-25 07:39:19 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I don't know why you got arrested if all you did was yell. There has to be more to this. If there was a complaint about the yelling, the officer could give you a verbal warning or a noise complaint. But since they didn't see any physical fighting, I don't see why you got charged with battery.
The reasoning why the officer will be at your court is to testify. It is their job. They need to be there to say what they saw and the actions they took and why. They need to plead their case as much as you need to plead your's.
2006-07-01 05:06:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋
BATTERY IS CONSIDERED HITTING OR ASSULT, IF I WERE YOU I WOULD STAY AWAY FROM YOUR HUSBAND FOR THE AMOUNT OF TIME OF THE RESTRAINING ORDER, GIVE HIM AND YOURSELF SOME TIME TO COOL OF AND WHEN THE TIME OF THE RESTAINING ORDER IS UP TALK TO EACH OTHER IN A CIVIL BUT NOT SCREAMING AND SHOUTING WAY. THE ONLY TROUBLE THAT YOU TWO ARE PROBABLY GOING TO FACE IS TO PAY FOR THE MISDOMEANOR FINE.
2006-07-06 00:23:00 · answer #8 · answered by bowhunter2006 3 · 0⤊ 0⤋
most likely someone will get arrested any time there is a domestic dispute. this is to insure that the level of violence does not escalate. it is for your safety and the safety of all those involved. there must have been something physical involved for it to be a misdemeanor otherwise it would be harassment which is a violation.
2006-06-25 20:30:32 · answer #9 · answered by g-dogg 3 · 0⤊ 0⤋
Your situation isn't great - did you tell them you didn't touch each other?
Battery is actually defined as assaulting someone physically; it's pretty damn bad.
Legally, you can't sue them - because there's no negligence or other tort law involved.
I disagree on the malicious neighbours theory - if I heard you going at it for ages, I might think about doing something about it, too.
We all need our beauty sleep ;)
2006-06-25 07:19:55 · answer #10 · answered by say_it_straight9 2 · 0⤊ 0⤋