Memphis, TN asked in Criminal Law for Arkansas

Q: Is a pregnant woman allowed to use self defense if someone is a threat to her and her baby?

I am pregnant. My boyfriend and I got in an argument that escalated. (He was drunk) He got on top of me punching my head and I punched him in the eye to escape and get our son and leave. He took our son from me and shoved me out of the apartment. Because he was drunk and I feared for the safety of my son I called the police. When the police arrived I was arrested and he was left at our apartment (that is in my name) with our 5 month old child. He had a black eye. The police only looked at my arms and face even though I told them he hit me in the head. I have 2 knots I can feel on my head. I was charged with 3rd degree domestic battery and he was given a citation for disturbing the neighbors.

Related Topics:
1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
Answered
  • Criminal Law Lawyer
  • Licensed in Arkansas

A: It sounds like you have a pretty good defense to your charge. I would get someone to take good pictures of all your injuries while they're still visible.

It sounds like you need to get away from this guy and get a court order limiting his access to your kids.

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.