Amanda Bowden Houser's answer Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Kiele Linroth Pace's answer A parent, step parent (or someone taking that role like a guardian or babysitter) can spank a child under 18 when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare. An educator can spank a student when and to the degree the actor reasonably believes the force is necessary to further the [education] or to maintain discipline in a group.
However, just because something is legal does not mean it can't be...
Cynthia A. Sherwood's answer No. There is no mandatory time on a domestic assault charge in Tennessee. This is a serious charge, however, with serious consequences, such as loss of the right to possess a weapon for the rest of your life in addition to the stigma of such a charge. You should hire an attorney immediately.
Ronald J. Eisenberg's answer Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.
Paul Stanko's answer All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.
Kiele Linroth Pace's answer The limitations period is two years for the most common types of assault but three years on some felonies. The statute of limitations controls how long before formal charges can NO LONGER be filed. The limitations period is irrelevant if formal charges are filed within the required time. It is also important to know that the limitations clock stops ticking if the defendant is outside the state of Texas.
If the formal charges were filed but they are just sitting there and the state...
Kiele Linroth Pace's answer Anyone can get in trouble for anything. A more important question is can you get OUT of trouble. In this situation it sounds like you may have justifications for self defense in Penal Code 9.31 and possibly also discipline of a child under PC 9.61 (if her parents wanted you to look after her.)
If you are arrested, getting yourself out of trouble may be time-consuming and expensive... but it sounds like you've got a fact pattern that a skilled criminal defense attorney could use as...
Amanda Bowden Houser's answer What is 'amiss' is you trying to do your own legal work and you are not an attorney. Would you ever in a million years think to yourself - "know what, I know I'm not a mechanic but I'mma go ahead a rebuild my car's transmission - how hard could it be". Compared to legal work - you'd likely have better luck rebuilding the transmission properly. You need to hire an attorney. Best of luck.
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