View Full Version : first offense


drvns
05-05-2008, 07:56 AM
I have been in an abusive relationship for 7 yearswith my husband, and although I suffered through it, thinking that he would change and giving him a chance again and again every time he said sorry, I decided I had had enough when he hit me in front of my 15 day old baby, this is the first child we have and I had been hoping that since he wanted a baby so much, it would change his behaviour.When I contacted the police this time, they arrested my husband on charges of assualt on a female, and I had lied to them telling them this was the first time,for I was really scared and upset at the time, my husband has been released on bail now and will be appearing for his first court date shortly. I have no idea how the legal system works as I am not from this country, could someone please tell me what happens for first time offenders? the police arrested him even though they found no physical evidence of marks or scratches etc on me, I am afraid, that other than my verbal evidence there is nothing much to prove his guilt, and he is determined to plead not guilty, I am a medical student and am not eligible to work in this country till I get my license, I do not have any financial resources whereas my husband is a software proffesional and is financially very well off, he has employed a lawyer and has been telling me that his lawyer would be getting him off very easy as I had told the police that this was his first offense, and that as there is no sufficient physical evidence to prove the severity of it, although there is a restriction order issued by the judge right now, I am really scared for my baby and myself. Can someone please tell me what happens to the offenders in cases like this? I read that for first time offenders, usually the judge serves a sentence which involves anger management, counselling etc but the offenders are never imprisoned, especially in cases like mine where there is no physical evidence to support me? is this true? do the offenders get off easy without a jail sentence? please advice, thanks so much.

sokiegirl
05-05-2008, 08:40 AM
The first offense of DV against my ex husband was much as you stated, counseling, anger management, a little fine. :shrug: But I can give you some advise that I wished I'd known at the time and didn't--keep that restraining order! Tell the judge you fear him!
You may want to post your questions in immigration or legal help forums because there are a couple attorneys and an assistant DA that sometimes answer. ;) Good luck, sokie

TedEBare
05-05-2008, 12:43 PM
Also, if you have any witnesses that saw evidence of it before. Should that help, Sokie?

nimuay
05-05-2008, 09:01 PM
Witnesses always help! But it would also be wise to educate yourself regarding the build-up of domestic abuse - the controlling, the jealousy, the financial/religious/emotional strictures. And start checking in with a domestic abuse agency! It will do you good to have someone in your area to talk to. While you're there, you can probably get some legal help in filing for separation and support. That will give you a little breathing room as you try to finish your education.

sokiegirl
05-06-2008, 09:12 AM
Also, if you have any witnesses that saw evidence of it before. Should that help, Sokie?
Sure witnesses are great but abuse usually happens behind closed doors. And let's face it not many friends or neighbors want involved in a domestic dispute.
Nimuay gave you great advise about going to a domestic abuse agency. They have smart people there, people who know how to fight for your freedoms and rights. They have people there who know ways out so you don't have to remain in the situation even though your money and immigration are telling you that you do. It's not true and these agency's can help you to find a safe way out so you and your baby will be okay.
You have to make sure you and your baby are okay...please be safe. sokie