jms88
recently joined
Reged: 05/04/10
Posts: 10
|
|
My cousin was attacked by his wife. She was subsequently arrested and he filed for a restraining order. They went to court and he was granted a permanent restraining order. He currently has custody of his children, sole use of their residence, and his wife has limited visitation of their children. She isn't even allowed sleepovers.
Right now he has a pending domestic violence charge against her. His lawyer wants him to drop this charge because he feels that it may cause her to lose her job and that can play in to the divorce proceedings, alimony and such. He feels that at this point my cousin is in the drivers seat and that a successful prosecution could potentially cost him in the end if she does indeed lose her job over it.
I was wondering what some of you that may have been through this think about that? I'm not a lawyer so I don't know what he should do.
|
finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
|
|
I believe if he drops the DV charge, the RO would be questionable.
If his stbx loses her job because of her own actions, I wouldn't consider that to be his fault. I don't understand how that would hurt him legally. It could affect the amount of money he could get from her for child support, but I would think his main concern right now would be making sure he retains custody.
I don't understand the advice his lawyer is giving him.
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
I think its time he spoke to a different lawyer. If you're questioning what a lawyer says, you need to shop around a few free consults to find out if what he says is on par with what others say or if he's blowing smoke.
First off, if she was arrested, then there is evidence that she did something wrong. A court isn't going to hold that against "him".
Secondly, many states don't allow you to drop DV charges at any rate. Once the state takes over, they become the state's charges and he'll have no control over it.
--------------------
Char Fox
|
jms88
recently joined
Reged: 05/04/10
Posts: 10
|
|
Thank you both for your replies.
I know that he is very happy with his lawyer. He did a great job getting him the restraining order. I don't think that the order can be repealed/nullified unless my cousin was to go to the court and drop it. His lawyers main concern was that if she loses her job that he might end up having to pay her alimony. Like I said, according to his lawyer, right now it looks as though he will be able to stay in the house with his kids until they are 18 at least. He's just concerned about the alimony end of things.
Maybe he should speak to some other attorneys and get their opinions on the case. If he sticks with the charges she will certainly be convicted. However she works for a corporation and will most likely end up losing her job. It's a tough call.
|
finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
|
|
I don't think judges award alimony to criminals a lot.
|
jms88
recently joined
Reged: 05/04/10
Posts: 10
|
|
After speaking to my cousin and relaying your thoughts we both agree that he shouldn't drop the charges.
He's in for a rough road because his stbx is going to make this a real war.
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
He can make a case that, since her acts were criminal, that he get compensation...meaning he shouldn't be penalized to pay her alimony due to her own maliciously criminal acts.
--------------------
Char Fox
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
They usually do. :(
--------------------
Char Fox
|
Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
|
|
[quote]I don't think judges award alimony to criminals a lot. [/quote]
Anyone awarded alimony is criminal so your answer is incorrect ;)
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
I've never seen that law before.
--------------------
Char Fox
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
