My sister's boyfriend was arrested Thursday night and charged with 3rd degree domestic violence (for hitting her), child abuse (because her daughter witnessed the incident) and assault. He is up for a bail hearing on Wednesday (because of the holiday) and I would like to know if there is a way we, as my sister's family, could get him to remain in jail until his court date in August because he is a meth addict, a danger to my sister and her daughter. My sister doesn't want him to stay in jail and wants to get the restraining order lifted so this guy can come back home to her, she doesn't believe he is a threat but acknowledges he is in meth and pot. Can I get a lawyer or should I contact the arresting officier and try to see how it would be possible for this guy to be kept in jail (or have a $10,000 or so bond that no one could afford to bail him out) or would anything I even do help?
2006-07-01 16:07:47 · 15 answers · asked by We2Angels 2 in Politics & Government ➔ Law & Ethics
Sorry for your troubles. You always can call the police or the DA and offer more evidence against the accused (you don't mention the drug charges here) which likely will get the charges upped against him. That, however, will likely piss off the co-dependent sister of yours.
She obviously needs some kind of intervention to get her and their child out of that situation. You also could call child welfare and get a case started on behalf of the child, as living in a meth house is no situation for any child, as meth labs have a propensity to blow up and also contain lots of toxic gases.
2006-07-01 16:13:55 · answer #1 · answered by Sir J 7 · 0⤊ 0⤋
Hi! I am new to this part of Yahoo!. I am not sure about all this legal-mumble-jumble, but I waited and waited for the local law to do something with my X. He first started meth when my son was born 12 years ago. He just got sent to the big house recently. I think that the best thing your sister could do is to take an order of protection. It is better than a restraining order in all ways. They can't even have a gun around them or in their possession. Sorry for not being more helpful.
2006-07-01 23:17:44 · answer #2 · answered by smartmoma72 1 · 0⤊ 0⤋
If you know for a fact that your sister's boyfriend is doing drugs and/or have witnessed him being abusive to her, her child, or your sister in the presence of the child then you have a legal responsibility to report it to children's welfare authorities. Moreover, does your sister realize that she could be at risk of being charged with child endangerment and losing custody of her child if she AGAIN knowingly places her child at risk by subjecting her to being around someone that is abusive and/or does drugs. She might have been able to say she didn't know he'd do anything like this the first time around but not now - not with his having a record of arrest hanging over his head. Ask child welfare if it would be possible for them to get a judge to order that this guy not be allowed to be anywhere around this child. You didn't say but I'm assuming he's not the child's father. Sadly, however, if he violated the order and came back to the home with your sister's consent, they could both be legally charged with child endangerment. I know it sounds like the child is being used as a wedge to force the mother into putting the child's and her best interest at heart but its probably going to take a pretty hard wedge or hammer up beside the head to make her realize that the next time this creep goes off Lord only knows what could happen.
2006-07-01 23:41:09 · answer #3 · answered by Sonie 5 · 0⤊ 0⤋
unfortunately I have been there done that one. Your sister is in denial, she will stay there until she has NO options left. It took me 10 years to get out of denial, finally having my hub arrested and getting him in a recovery program. Most addicts will lie, even after being caught red handed especially if the have codependent (which your sister is). If she keeps allowing him to come back, if she keeps lieing to herself that he will just get better then nothing will change. Look up codependency on the net, copy off some info, find an alonon meeting and try to get her to go to just 1 meeting. Also if she would like to go to www.methmadness.com for support on line we would love to try to help her. Because you know that the child is in a bad situation it IS your responsibility to help that child whatever way you possibliy can, the effects of Post tramatic stress syndrome (due to living with addict) can take years to overcome.
2006-07-06 14:13:45 · answer #4 · answered by Tammie J 1 · 0⤊ 0⤋
Unfortunately, restraining orders only work for those who are willing and sane enough to obey them. But another problem is your sister who wants him back. She is obviously not thinking right to put her child in danger's way. She really does need help. She is putting that child in danger and that's criminal. Perhaps your or your family should consider taking the child out of that environment and soon.
2006-07-02 00:42:23 · answer #5 · answered by M1eWL 1 · 0⤊ 0⤋
Contact the States Atty or District Atty who is prosecuting the case and ask if you can testify at the bond hearing. Ask if you can do it out of the Def's sight (if you are afraid of the Def).
If he is a meth addict, the odds of him "reforming" are slim. Your sister is endangering her own life and that of the child. What she ought to do is run far away from this loser.
Good luck, and be safe
2006-07-01 23:13:50 · answer #6 · answered by Mr. October 4 · 0⤊ 0⤋
In every domestic violence case the victim is assigned a Victim's Advocate. This person conducts interviews with the victim usually over the phone. Basically letting them know what help is available. You can talk to this person on her behalf. Share your concerns. This is a person who can make recommendations to the prosecuting attorney.
It doesn't sound like she's ready for help. My heart goes out to you, I understand. Good Luck!
2006-07-02 00:46:15 · answer #7 · answered by crimsonwillow 2 · 0⤊ 0⤋
An on the side discussion with the Crown Attorney that is prosecuting the case might give him more information to use in his submissions to the Justice that decides on his bail. Other than that, I would stay out of it.
2006-07-01 23:57:32 · answer #8 · answered by Angela B 4 · 0⤊ 0⤋
the only thing you coulld possibly do is go to hearing and ask to talk to the d a . also you are not involved . you dont say if you where there. you dont say "where is there" house, ally , store . youre just here say. need more info to help. he violated order. so far from what you say need info on order. 10.000.00 not much for bail need only 10% for bail bond + colateral. the only thing i c is youre testimony to D A .is a cry for help UNLESS YOU WHERE INVOLVED!
2006-07-01 23:17:59 · answer #9 · answered by pepper 2 · 0⤊ 0⤋
Nothing you would do would help, unfortunately. You could try going to his court and talking to the judge and explain the issues going on. Good luck.
2006-07-01 23:11:24 · answer #10 · answered by heidielizabeth69 7 · 0⤊ 0⤋