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?
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
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
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