Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Re: Living in a nightmare
08/04/08 10:14 PM
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"Do you really think this is domestic abuse??"
A slap is clearly domestic abuse. An act of self defense or to get someone off you, is not. Whether or not you subjectively believe a woman or a man is validated in slapping their spouse for cheating, it still qualifies as domestic abuse and from a legal perspective is inappropriate.
Each state is different, but chances of any significant jail time on such facts is remote. Around here, the usual would be three days in jail (not on a bracelet) on a first offense. In many states, it is probation.
You may always seek a speedy trial whether you are in jail or out. It must be held wherever practical within 60 days of your pretrial. You must demand that speedy trial, however, with a speedy trial demand.
Domestic abuse is seen as a serious issue and, as a result, all acts that fall within its definition are treated seriously. Certainly blood and marks on his neck would be fairly compelling evidence of domestic abuse.
Most states have a statutory presumption that personfound to have committed acts of domestic abuse should not be awarded primary custody, You would have to argue against that presumtion which can be rebutted. Not having primary custody does not mean that you lose your children, but I imagine you can see how fathers who are often faced with such a dilemma would feel slighted as well and that is, sadly, far more common.
The fact is that you made a serious mistake and acted inappropriately. To not understand that and seek to display that understanding in family court can be detrimental andto any custody case. All to often it is the husband that falls into such traps or even faces fraudulent charges. In this instances, you have al but acknowleged that an act that is doemstic abuse did occur. That would make a victory at trial unlikely unless you can convince a jury that it was somehow defensive. Stating you were angry because he cheated is not a valid defense.
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