Common assault - domestic violence?

Question

This was the incident happened last weekend. My wife and I had an argument followed by physical assaults (couple of slaps on the back). She, out of anger, called 000 and said she is being hit. Police came after a while and arrested me and put a charge "Common Assault-T2". They issues ex-parte AVO against me.



Well, we are married for over 4 years now with one child about 2 years. We are happy family with usual arguments at times but it has never went this far. My wife now regrets of her making a call on 000, which she did in anger and impatience.



Now, can someone from you guide me what could happen in the court in 2 weeks time? We are single income family (I am earning member) and have mortgage upon us. We can't really tolerate any big penalties or jail term at all. If that happens, it would be disaster and would destroy the family and especially 2 year old kid's life.



How can we survive this? I heard someone saying that if you are sorry about this,n

Answer 1

If convicted, and a first time offender: court costs, probation, mandatory anger management classes.

Make sure she gets some counseling too.

Answer 2

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Was the charge for domestic violence or presented to the court as common assault? Common assault is the lesser charge for domestic violence. If either one of them had charges in the past similar to this, domestic violence charge would have not been negotiated. Either way, a temporary restraining order should have been immediately imposed by either counsel if the judge didn't render one along with his decision. Place a restraining order against the other person involved. immediately. As far as the party found not guilty, the charge will get expunged from their record however, if the battle heats up again, there will be an order already existing and will appear a pattern of behavior that if there is a next time, will carry a harsher sentence. Remind her and encourage her NOT to ever lose faith in anything, it is not what is being presented, always HOW it is presented. It is ALL in the Presentation. As far as the defamation of character, this does live in law books however it's popularity has decreased so much that it is defined that a jury would have to find it so offensive and appalling, its content would really have to be damaging otherwise, the courts really aren't going to enforce

Answer 3

In general people need to stop solving arguments with physical abuse.

Women NEED to knock it off especially. Yes, I know that men beat women too; however the Domestic Abuse Laws have gone WAY TOO far on the side of the woman. As a woman.. I am simply stunned at what many women get a way with. When a woman can poke and needle a man to the point where any reasonable person would completely snap.. and then when he merely stops her hand or wrists .. God help him if he leaves a mark!

Your wife called the Police.. she claimed abuse and the Police did their jobs. Now, you want to erase it?

There could be all sorts of things that may come of this. In MN if you are charged with Domestic Abuse - you lose your right to own a firearm and several other penalties. I do not advocate the beating or abuse of anyone; however I also know that for the most part.. the new laws have hurt more than helped.

The true victims of domestic abuse rarely if at all are able to make it to the phone to call for help. But, able bodied, hand swinging women tend to know exactly when to dial.

Your wife made a mistake.. and perhaps next time when either one of you tries to solve something through physical violence BOTH of you will choose another route.

Due to the fact that so many true victims were unable to 'press charges' against their abusers most, if not all states have now removed that ability. If the officer determines that there was physical violence, that officer has the right to press charges.. and the victim can beg & plead; however the charges will stick. Sorry has nothing to do with it.

If you're truly concerned about your child.. perhaps you should have considered the consequences before hitting.

I wish you well!

Answer 4

Common Assault

Answer 5

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RE:
Common assault - domestic violence?
This was the incident happened last weekend. My wife and I had an argument followed by physical assaults (couple of slaps on the back). She, out of anger, called 000 and said she is being hit. Police came after a while and arrested me and put a charge "Common Assault-T2". They issues...

Answer 6

All court proceedings regardless of outcome is a part of the permanent public record, unless a judge/magistrate can order the record sealed or expunged. Also, there is no case for defamation in this matter. Filing false charges is a crime, but not necessarily defamation. In any case, it'd be a civil suit that is very hard to prove. I'm sure you've heard the saying "justice is blind"? Well innocence or guilt can only be proven in court. So don't fault the system...It was a criminal case and the authorities were required to follow procedures. Since your friend was innocent and acquitted, the system obviously worked in this case.

Answer 7

Depends on the state you live in. California you will receive 52 Domestic violence classes, a certain amount of community service in leau of jail time and approx. $2500.00 in penalties. You will also have at least 3 ears reastraining orders from your wife where you will have to go court and have them altered to a 'Non-Violent' Restraining Order. In order to live under the same roof and for you to see your child, your wife will FIRST have to COMPLETE a 10 week ( can't remember its name) then you can go to court and ask the judge for the non-violent restrining order. Thank OJ Simpson. Good Luck! It is a big deal these days even for a little deal.

Answer 8

Domestic violence is always a serious red flag. It shows the relationship is over. No counseling will help after this has gone so far. No excuse for hitting a woman dude. You might not have to go to jail. Because if there are no marks or wounds on her it will be your word against her. But you both should split before it gets any uglier IMO

Answer 9

If your wife decides not to turn up in Court then....nothing will happen. Otherwise if she gives evidence against you and relates the full story (loving home,simple fight etc etc), depending on your criminal history, probably a small fine. You might even get a Section 10, where a conviction is recorded but no punishment is given.

Answer 10

Serious counseling for anger management and the marriage first off. Then, go through the court system and do whatever they tell you. They are all about the money.