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If the accused abused the victim one time, and was sentenced to one year probation, comply with child protective units orders, because he was not suppose to be with the child, although the court gave him the right to, and there were no protective order stating that he couldn't be with him child, just the order that the child protective unit stated that he couldn't be with him child, but could be with his wife, the victim. If the abuser and victim are now together, and no more incidents had occured, but the accused failed to obey the child protective order to care for the victim medically, and the victim sides with him, should he be charged for failing to obey to be a caregiver?

2007-04-09 13:14:40 · 2 answers · asked by militarywife 1 in Politics & Government Law & Ethics

2 answers

Your question is a little hard to read so let me re-state it and see if I have it right.

A man abused a woman or a child and was found guilty of that abuse by a court of law. That man was then put on probation for one year provided he did not visit the abused person and that he pays for the victim's medical care. This person has broken the terms of his parole and is refusing to comply with the court order. That is a clear violation and that man should be reported to the police and the court (the judge n the case). He should then be arrested and returned to jail, for violation of parole, and forced to finish the full term of his sentence until he agrees to fulfill his parole requirements.

If the victim doesn't want to press charges against the man then it is the responsibility of her mother, if the victim is a child. Otherwise it is the victim's responsibility and she needs to file the charges. A third party can report the violation to the court and to the police, with the results I outlined above. However, if that third party is a friend of the victim or her guardian then that may not be a very wise thing to do.

If the term of probation has expired then the abuser is free and clear. He actions may have been illegal during the period of probation, but unless they were reported during that time he probably can't be charged with a crime.

If the abuser does repeat the abuse then he can be charged with that and as a second time offender he will probably have to face a jail term, although it may be a short one.

If the victim or the guardian of the victim (in the case of a child) refuses to file charges then the police need a witness besides yourself who will be willing to testify in court that the abuser was repeating his abuse.

If the abuser and the victim are living together or have a mutual financial arraignment then he can rightfully claim that he has worked out a payment plan of some sort and so handled the expenses. The only way that this can be proved wrong is if the victim (or their guardian, in the case of a child) is willing to claim that payment has not been made.

2007-04-09 13:54:19 · answer #1 · answered by Dan S 7 · 0 0

No she should!!!!!!!

2007-04-09 20:19:08 · answer #2 · answered by sash 5 · 0 0

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