Rialto, CA asked in Domestic Violence for Alabama

Q: Can my brother be sentenced to jail for a domestic violence accusation from his wife. He already has a felony.

He and his wife live in Alabama and had an arguement and as he tried to leave the house she jumped on his back trying to stop him. In the process she had a scratch. He told her he wanted to leave and she called the police and accused him of hitting her. She has a pattern of calling the police when they get in arguements. He filed for divorce and she filed a restraining order against him. He was not able to get all of his items. Majority of the items in the house he had before they met. He’s a father and takes good care of his kids and grand kids and his wife has been married 5 times. She’s an opportunist. She would have more than scracthes on her if he had hit her! The domestic violence case has to be closed before he can get his divorce. I’m so afraid that my brothers criminal record as a young Man will hinder him. He already paid for the divorce attorney and can’t afford a criminal lawyer and he’s a vet. He has a public defender but she’s not doing enough. What can he do?

Related Topics:
2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA

A: a question like this is factually based.

a lawyer would need more info...............

theoretically he could go into custody even without the prior record..........the issue then would be how much time.

1 user found this answer helpful

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA

A: Sorry to hear all that, thank you for his service. These cases need a more time to develop. Stay on top of the PD to visit with your brother and obtain all the facts and review the evidence. Have you asked the family law attorney to contact work together with the PD. Our firm has both a family and a criminal law attorney and the cases overlap on many issues. The DV case will be a very important in the Divorce process.

The other issue I hear from clients is the family is not always told what is happening with the case and not enough time spent on the case, the PD has many clients per day to work on compared to a private attorney (as in our office we have a few clients and are available to spend more time in general on each client.)

Would be happy to talk over the phone regarding a free phone consult (as most attorney would) and to discuss payment plan options to consider and compare.

Good Luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.