Just last week I was arrested and charged with Domestic violence. The scene briefly is this. Under doctors supervision I had been taking vicadin for post surgery pain due to a kidney stone. My wife and I argue, she slaps me in the back I restrain and shake her for a brief moment. we both attest to this in different words. My wife files a complaint 4 weeks later. I am charged, booked, and post bond. The police tell me I can only return home with a police escort to get some items, and that to return I would have to call again for the same. The next day I call to try to get some tools and medicine that I forgot in the strain of first ever run in with the law. They tell me now I can't. I wait a coulple of days and ask again as I am missing work without my tools and can't afford to buy all new ones. Now they tell me I can only go if I am with my lawyer and a police escort. How much you wanna bet tomorrow there will be new stipulations. Is this harassment ?
2007-10-29 14:17:11 · 4 answers · asked by J B 2 in Politics & Government ➔ Law & Ethics
Depending on your state this is how it usually works.
When you wife filed the complaint, and then you were arrested 4 weeks later, that means there was a warrant for your arrest. ( The police believed her more than you, took their findings to the judge to sign off on warrant, usually taking photos of any marks that your wife had on her showing evidence of physical harm, and her statement)
When you posted bond, and your wife filed a restraining order against you stating that you can not come within a certain distance from her, there should be stipulations on the order in regards to you getting your personal property of the residence. Read the restraining order, see if that is in there. If it states that you must have a police escort to go to the residence, ( you can usually only go one time) and you have not had the escort, take your restraining order with you physically to the police department, don't call, you go up there and show them the order, this way they have to go with you.
If you have already been once and just forgot the items and are wanting to go back again, your out of luck and your best bet is to have a family member or friends go get them for you. If you disobey the restraining order, like make contact with her either by a visit to the home, work, social gatherings or by phone, you can be arrested again.
2007-10-29 18:29:37 · answer #1 · answered by Hard Core Dance Poles 4 · 0⤊ 0⤋
So go get a lawyer now. It's obvious you will need one.
The police are just trying to carry out the terms of the restraining order without having to escort you to your house every 20 minutes. Get a lawyer, get organized, and you will get your stuff.
2007-10-29 21:22:08 · answer #2 · answered by raichasays 7 · 1⤊ 0⤋
Request for the proper implementation of the procedure with regards to your custody vis-a-vis the charge filed against you so that you will not be subjected to harassment.
2007-10-29 21:24:21 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
I don't feel sorry for you.
2007-10-29 21:46:21 · answer #4 · answered by J P 7 · 0⤊ 0⤋