PLEASE HELP , I NEED HELP

[SingleDad2usc 71]

Don't confuse the $50,000 bail in case he disappears with the 10% (i.e. $5,000) that he needs to post today to be released (the remaining $45,000 is posted by bondsman). Also, we never heard the charge and OP's injury. In NY, most domestic incidents result in release in exactly 24 hours, with no bail required - provided no previous record. The restraining order, however, is FULL (I.e. No contact personally or thru anyone, and staying away from her residence, work) until next court date a month away - then, it's changed to LIMITED if no news of any kind, I.e. Another Adjournment.

It really is terrible for a guy, because he loses his residence for a month. It can also kill the relationship, even if the victim didn't really want to press charges - but too late! The full restraining order for a month is because the police doesn't want to be called to this house again and again. But the family can be dealt an irreversible break. So, this 911 call has no winners - and should only occur with the final break-up intention. A very complicated situation if children are involved. My wife's mental issues prompted her to make false calls, and then I couldn't return to house for a month. In the meantime, she couldn't care for children more than a day - and was giving them up to state custody. Then I had to fight the state in court just to get children discharged to me. But the third time she was trying to get me falsely arrested, the police who warned her on previous occasions, in fact arrested her. And child protective services insisted that I never let her have access to the house - or they remove children again. Restraining orders are very serious matter

[Sirliner 26]

i have a question , i found out today how much bail they gave him to pay, he can stay in jail until the first of may , unless he pay the bail, on first may he need to be in court ,

he has no money to pay the bail they gave him

my question ;is the bail they gave him is going to change or no, in the court day ?

i meant the bail amount impossible to change or delete ? he must pay it whatever the reason is ? what do you think will happens on the first may (court) when the judge will know he didn't paid the amount? he will stay in jail or he can just don't pay in some reasons

Are you worried about if and when he will be released from custody? Right now, he is being held after arrest under the "48 hour" rule. After that, there are several possibilities. It all depends on what the District Attorney's office decides to do. They could drop the charges and he would be released without paying any bail amount. If he is held until arraignment he will appear before a judge who has several options. Again, it depends on what the D.A. prosecutor has decided to do. The case could be dismissed and he walks away paying no bail money. The judge could raise or lower the bail amount. He could request it be lowered or he be released on his own without any bail. This is all getting into legal territory probably best answered by an attorney.

[sara82 4]

Don't confuse the $50,000 bail in case he disappears with the 10% (i.e. $5,000) that he needs to post today to be released (the remaining $45,000 is posted by bondsman). Also, we never heard the charge and OP's injury. In NY, most domestic incidents result in release in exactly 24 hours, with no bail required - provided no previous record. The restraining order, however, is FULL (I.e. No contact personally or thru anyone, and staying away from her residence, work) until next court date a month away - then, it's changed to LIMITED if no news of any kind, I.e. Another Adjournment.

It really is terrible for a guy, because he loses his residence for a month. It can also kill the relationship, even if the victim didn't really want to press charges - but too late! The full restraining order for a month is because the police doesn't want to be called to this house again and again. But the family can be dealt an irreversible break. So, this 911 call has no winners - and should only occur with the final break-up intention. A very complicated situation if children are involved. My wife's mental issues prompted her to make false calls, and then I couldn't return to house for a month. In the meantime, she couldn't care for children more than a day - and was giving them up to state custody. Then I had to fight the state in court just to get children discharged to me. But the third time she was trying to get me falsely arrested, the police who warned her on previous occasions, in fact arrested her. And child protective services insisted that I never let her have access to the house - or they remove children again. Restraining orders are very serious matter

Sorry because of my English i didn't understood well

when i called today the lady she said i can request for restraining order, i'm not sure if the order set yesterday or they can set it later in the court Wednesday .

i'm trying to contact DV victim advocate and i will ask for translator to understand well what i need to understand if they have one,

they charged my husband almost the same amount like the previous poster he mentioned, i'm not sure if i will be present day of the court or no , or he can get out in the same day or no ,

i just have to wait

[Leatherneck 693]

i have a question , i found out today how much bail they gave him to pay, he can stay in jail until the first of may , unless he pay the bail, on first may he need to be in court ,

he has no money to pay the bail they gave him

my question ;is the bail they gave him is going to change or no, in the court day ?

i meant the bail amount impossible to change or delete ? he must pay it whatever the reason is ? what do you think will happens on the first may (court) when the judge will know he didn't paid the amount? he will stay in jail or he can just don't pay in some reasons

The first hearing he will attend next week is the "arraignment" and that is when he will enter his plea of 'guilty' or 'not guilty.'

After the plea, the issue of his bail will be handled. The bail amount can change if his lawyer can work out a deal with the prosecutor. The prosecutor will base any decision to reduce bail on his prior record, the police report, your level of injury (if you have any), and what you tell them about his history of abuse.

If he can pay the bail, the matter of his release will be decided, if he can not pay the bail -- he gets to sit in jail until the next hearing. In San Diego county -- the district attorney is very aggressive about domestic violence.

After that first hearing, If the prosecutor is willing to make a deal with him to plea to some lessor charge(s) of misdemeanor domestic violence, he will not need to pay the bail, because he will have agreed to a guilty or no contest (the same thing as guilty) plea and would now be convicted of a domestic violence offense during the next hearing. In that case, he would be sentenced to jail, probation, fines, angry management, etc.

In California, a misdemeanor domestic violence conviction = up to 1 year in the county jail, a felony domestic violence conviction = more 2 or more years in prison.

Caution -- if he can afford to hire an attorney, be aware they might try to set up an interview with you to get you to sign a sworn statement that your statement to police on the night of the incident was exaggerated or all together false. All for the purpose of trying to get his case dismissed -- due to the very serious nature of a domestic violence charge or conviction.

Edited April 27, 2014 by Leatherneck

[sara82 4]

The first hearing he will attend next week is the "arraignment" and that is when he will enter his plea of 'guilty' or 'not guilty.'

After the plea, the issue of his bail will be handled. The bail amount can change if his lawyer can work out a deal with the prosecutor. The prosecutor will base any decision to reduce bail on his prior record, the police report, your level of injury (if you have any), and what you tell them about his history of abuse.

If he can pay the bail, the matter of his release will be decided, if he can not pay the bail -- he gets to sit in jail until the next hearing. In San Diego county -- the district attorney is very aggressive about domestic violence.

After that first hearing, If the prosecutor is willing to make a deal with him to plea to some lessor charge(s) of misdemeanor domestic violence, he will not need to pay the bail, because he will have agreed to a guilty or no contest (the same thing as guilty) plea and would now be convicted of a domestic violence offense during the next hearing. In that case, he would be sentenced to jail, probation, fines, angry management, etc.

In California, a misdemeanor domestic violence conviction = up to 1 year in the county jail, a felony domestic violence conviction = more 2 or more years in prison.

Caution -- if he can afford to hire an attorney, be aware they might try to set up an interview with you to get you to sign a sworn statement that your statement to police on the night of the incident was exaggerated or all together false. All for the purpose of trying to get his case dismissed -- due to the very serious nature of a domestic violence charge or conviction.

Thank you for the interesting information , do you think i will be present in Wednesday?

do i need a lawyer?

i'm trying to contact the dv victime advocate , do you think they can offer me a lawyer?

i just want everything to be over , i was thinking if they call me to be present Wednesday , i will tell them to forgive him and to makes things easy for him , i don't want more problems , and i will go to the shelter directly , i still live at the house right now and i mot not sure if this is legally good for me to stay at the house or no , until he get out because i don't want to request restraining order against him , i'm just tired

[belinda63 3,038]

Things are out of your hands now. The court should appoint an advocate to explain the process to you. You don't need to be present for the arraignment. You don't need a lawyer as you have done nothing wrong. You need to understand that depending on his personality and his level of anger just moving out of the house may not be enough. Without a restraining order he can follow you and come near you and continue to hurt you. He can call and text you and harass you. You really need the restraining order to give yourself some time to think through your options and what you want to do.

[Leatherneck 693]

Thank you for the interesting information , do you think i will be present in Wednesday?

do i need a lawyer?

i'm trying to contact the dv victime advocate , do you think they can offer me a lawyer?

i just want everything to be over , i was thinking if they call me to be present Wednesday , i will tell them to forgive him and to makes things easy for him , i don't want more problems , and i will go to the shelter directly , i still live at the house right now and i mot not sure if this is legally good for me to stay at the house or no , until he get out because i don't want to request restraining order against him , i'm just tired

No, you do not need a lawyer to appear on your behalf, ever. The Assistant District attorney prosecuting the case against your husband is there on your behalf as the victim in this matter and on behalf of the state.

Probably not necessary for you to be present in court on Wednesday -- that will only be his arraignment. He will be read/advised of the charges against him by the judge, advised of his rights, asked if he understands those rights, and if he answers that he does understand his rights -- he will be asked by the judge, how do you plea? Surely he will plea -- not guilty.

Sara, it does not matter if you tell them to forgive him, San Diego has a "No-drop" prosecution of domestic violence cases. Domestic violence is one of those charges that can go forward with or without the cooperation of the victim.

The investigator from the DA's domestic violence unit and the people you talk to at those domestic violence hotlines will advise you about the restraining order.

You know, you said he's been treating you badly since you arrived here. you need to be careful about giving him the opportunity to harm you by not having a restraining order in place. His time in jail will do two things -- cause him come to his senses so that he now understands that domestic violence is a serious matter or really piss him off and make him even more of an angry person. Do you really want to try to guess which person he will be when he gets released from jail?

Edited April 27, 2014 by Leatherneck

[SingleDad2usc 71]

I hope your waffling is not on account of what I said. Your case is very clear: he did not marry you out of respect, and this marriage is over. You need restraining order, and you need to go all the way with prosecution to make it permanent. Any hesitation or tiredness on your part will cost you dearly.

You should concentrate on work, on improving your English. Never give up, and true love will catch up with you

[Cathi 5,748]

Hi Sara, I was gone for the day but now I'm home. I am online with skype open if you need my husband to explain the new things people are telling you to do, and how they are answering your questions. Legally my husband and I know little to nothing about this process and what you need to do, but many people here do, so he can explain everything they have said. I'll be home for the rest of the night if you need us.

[sara82 4]

hi friends

i just came to tell everybody i have news , i will be back , when i will have a good access in internet

i need your adviced

plz stay helping

i love everybody

Edited April 27, 2014 by sara82

[SingleDad2usc 71]

I'm suspecting a lot will be lost in translation, but you do have interest in his prosecution. You absolutely must sign a paper for prosecutor that you're willing to testify. If prosecutor doesn't have this from you, then prosecutor has no case. The accused will say two words "Not guilty", and the case will go away, with no Restraining Order. Given that you're not planning to continue with this marriage, this is your worst case scenario.

Also, no one should ever want anyone to spend hard jail time - unless it's a life sentence. Hard jail doesn't improve anyone. His few days in confinement right now will be enough of a lesson to try and avoid jail in the future. So your best case scenario is for his defense attorney to reach an agreement with prosecution to avoid jail time. He'll have to plead guilty to something, and this will give you at least a temporary restraining order.

Now, everyone is ready to hear your news

[sara82 4]

Hi every body I'm outside in park can't indeed every one sorry I want to say I was motivated today and excited contacting the hotlines they gave me to be surprised by the door knock I saw him he came back. I was like crazy woman asking myself how this happens. I was still on the phone with the police department I asked what's happened but really the interpreter just makes the language more difficult for me she said

[Cathi 5,748]

Sara your husband came home????????

[sara82 4]

She said He can do not enter if I want or I can open the door he called me while I was still talking to them I opened the door hein theentered I asked them what I'm doing Is legally or no the told if I want he can enter I changed myc Clothes and prepared to go out I was preparing myself for Wednesday at least after when I meet the counselor tomorrow now he is in the house he fixed the bedroom and I'm outsidethinking for tomorrow to come as quick as possible to be away from him at least to have my time to do what I need to do sort I'm using the phone I can't write properly

[sara82 4]

I need connexion for my laptop I'll be back