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Old 08-17-2016, 09:40 AM
AmyW1986 AmyW1986 is offline
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Default Domestic assault by strangulation

Hello. I'm just wondering if anyone knows, in general, what happens with a first time offense of domestic assault by strangulation. The person who committed the act is on probation for a DWI and was intoxicated at the time of the attack. No prior domestics. I am 3 months pregnant with his baby and the incident happened while my 2 year old daughter was present in the house. Not sure if that makes any difference on the charge. He is currently sitting in jail. I am just curious about the process. Thanks for any input.
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Old 08-17-2016, 11:47 AM
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it depends entirely on how the charges are laid and what sort of leeway the DA in charge might permit.

That said, let me tell you about men who strangle...they're 10x more likely to kill their partners. So, you and your daughter and your baby-to-be are all in extreme danger if you try to maintain this relationship. He will learn nothing good in prison, but will be fully stoked with anger against you "for putting him in this situation". He may temporarily say otherwise, but I virtually guarantee you that he will feel angry.
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Old 08-17-2016, 12:01 PM
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When I said that it depends on how the charges are laid I meant this - your strangulation can be filed as assault, assault w/GBI, or as attempted murder. If they choose to involve the fetus, those charges may be filed in its behalf. Your 2-year-old being present can be filed as endangering the welfare of a minor or not filed at all, etc.

Be aware also (though this thought comforts many who are in your situation) that his drinking is not part of the problem....it is an indication of the problem, as most abusers are addicts or alcoholics. Their drug of choice does not cause them to abuse, and they will do the same even if sober.
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Old 08-17-2016, 05:15 PM
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I know there's underlying issues going on. He had been acting kind of off the last couple of weeks. Drinking just makes whatever is going on worse. He's never put hands on me before. I'm not aware of him having any history of violence towards women/girlfriends. Even his mom was shocked and couldn't believe he had done it. I know he needs some sort of therapy or counseling or something. What he did was serious. He could have harmed our baby and it kills me to know that my daughter was around, but sleeping, when this occured. They definitely come first to me. I know it only takes minutes to kill someone like this. It was very violent and hard. I couldn't believe he would choke me that bad. It was terrifying. I don't foresee us continuing any sort of relationship. My babies come first. That said, I know this wouldn't have happened had alcohol not been involved. But that isn't an excuse and he's right where he belongs. I just was uncertain to what the typical outcome is. Does the state automatically take over in these cases? It's obviously a violation of his probation.. He had 120 days in jail to do if he violated.. I assume he'll have to serve that if anything?
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Old 08-17-2016, 07:09 PM
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Yes, the case will be State vs. him. Yeah, it's a violation of probation as well. Beyond that, nobody right now knows how the charges will be worded or how many charges, and how any plea bargain might change things. There's just no solid answer right now.
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Old 08-17-2016, 07:29 PM
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Quote:
Originally Posted by nimuay View Post
Yes, the case will be State vs. him. Yeah, it's a violation of probation as well. Beyond that, nobody right now knows how the charges will be worded or how many charges, and how any plea bargain might change things. There's just no solid answer right now.
I will add though, expect a no-contact order. No contact while he's in jail, out on bond, in prison, or on probation / parole.
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