Q: I was arrested for allegedly threating to burn my ex's vehicle as well as cursing at her via text.
I never threatened her. I never said anything about her vehicle nor did I say anything relatively close to causing anyone harm. I did curse at her and call her a bad mother for going against the court ordered visitation that I had to see my son. Is this enough to have gotten me arrested? I now have a criminal record for domestic violence, but I didn't do anything violent. also, will the restraining order request pass just because I cursed at her and called her a bad mother? just because she is accusing me of threatening to burn her vehicle(which i did not do)?
A:
Three separate issues here. The first is the criminal charge and the criminal record. We do not know the evidence at this point. But if you did not text these statements, then it may just be precautionary by law enforcement. A good barometer is whether you were charged on a warrant (WENT TO COUNTY JAIL FOR 2 DAYS AND SAW JUDGE) or a summons (went home). If the criminal matter is dismissed, then there is a procedure for automatic expungement.
Second issue is the TRO/FRO. There are serious repercussions including its lifetime nature, ability to lead to further arrests and placement on domestic violence database and this is the venue I would be more concerned with. There is an art and a skill to defending these actions. If she is successful the order is forever. It is easy to get a TRO, harder to get an FRO. It is based on threee things 1. Jurisdiction (married = jurisdiction), predicate act (can she prove what she claims, and 3. Prior history (even if she proves you did this can she show that she needs a FRO to keep her safe.)
Highly recomend you get counsel that knows how to handle these types of matters.
1 user found this answer helpful
A: First you should never make an admission over the phone or on a website like this only in the office of a lawyer. Anyting said online can be used against you in court. Most of us criminal lawyers offer a free in office consultation. I suggest you set one up as soon as possible.
1 user found this answer helpful
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