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Domestic Violence Q & A What is domestic violence? If someone is being abused what can you do to help? Q&A regarding domestic violence issues go here.

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  #1  
Old 05-04-2012, 09:07 AM
Tcm3591 Tcm3591 is offline
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Default Was anyone's abuser offered a plea?

My ex boyfriend is being charged with felony assault 2 which I was previously told he will recieve 2-7 years in jail. Now I just got a message from the DA saying their gonna offer him a plea because its his 1st offense & he has no criminal record at all. I have called them back to find out what kinda plea they were looking at. I just wanna know if he will at least do some jail time? It was my 1st time calling the cops & if he gets off with just a slap on the wrist for everything he did to me ill feel like calling the cops are useless.
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Old 05-04-2012, 10:39 AM
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It's standard to offer a plea. Plea deals save the county a lot of money and time in court costs and clear the case much quicker than taking it to trial.

They will listen to you. They may not adhere to what you have to say, but they will listen to you. Frequently, what you have to say will influence the outcome.

Will he get a slap on the wrist? Dunno. What kind of damage was done? What did the cops think when they showed up? Did the prospect of spending 7 years in jail influence him at all? Has he done anything since the arrest to help himself?
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Old 05-04-2012, 11:00 AM
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My nose was broken, 2 bones in my face were fractured, my left eye was completely swollen shut, I had 2 black eyes, bite mark all over my body, & I was choked & beat to the point of unconciousness. He was arrested in my home. He hasent done anything since then to help his self.this all happened recently on april 14th.
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Old 05-04-2012, 11:20 AM
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Oh, yeah, go talk to the DA. Carry your hospital records and pics if you must, but feel free to make your point!
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Old 05-04-2012, 12:02 PM
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One of the main things that you want to consider is what is in the best interest of all parties involved. I'm not saying that you should just roll over and allow him to walk away without jail time. But, I want you to research what is in the best interest of all in the long run. If he goes to prison, what will he get out of it? What will you?

If he is offered probation, it's not the worst thing in the world to have happen. With probation, he'll be monitored closely, He'll spend money on counseling and treatment. He'll spend money on probation fees and court fines. He may have a GPS attached on him for $10 per day as well.

The counseling alone may help him get answers to why he believes it's ok to do what he has done to you. Believe me, it's not a slap on the wrist. It's a starting point to laying groundwork to nail him to the wall if he does it again.

Sorry if I sound like I'm advocating for him. I'm not, trust me. I just believe that incarceration without a structured DV program is not going to anybody any good. He needs counseling and he also needs to do a little time as well. The has to be aa plan to make sure that all was done to prevent this from happening again to anybody that he dates in the future.

Good luck.
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Old 05-05-2012, 02:05 PM
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Thank u for the help everyone & 26thncaliswag I completely understand what your saying.
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Old 05-05-2012, 03:20 PM
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Hey 26th! There is some research that indicates that time in prison, even without a DV program is one of the only things that reduces (slightly) the recidivism rate for DV.
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Old 05-05-2012, 04:50 PM
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I agree. I said some time in jail. But, research also shows that most times, abusers don't want to re-offend soley because of the threat of incarceration, not because of a change in beliefs.
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Old 05-05-2012, 04:58 PM
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And that's all the study showed - no decreases in other forms of abuse, but the physical decreased.
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Old 05-05-2012, 06:27 PM
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Quote:
Originally Posted by Tcm3591 View Post
My ex boyfriend is being charged with felony assault 2 which I was previously told he will recieve 2-7 years in jail. Now I just got a message from the DA saying their gonna offer him a plea because its his 1st offense & he has no criminal record at all. I have called them back to find out what kinda plea they were looking at. I just wanna know if he will at least do some jail time? It was my 1st time calling the cops & if he gets off with just a slap on the wrist for everything he did to me ill feel like calling the cops are useless.
A plea deal is a far cry from no jail time. A plea can be anything from a reduction in charges to an agreement about sentencing. It can mean probation, but that's not the only thing it can mean. Don't jump straight to probation without getting the details from the DA.
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Old 05-06-2012, 09:09 AM
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my ex had been arrested on another dV charge agaisnt me, it was a 2nd degree felony with prior conviction... he was facing 2-10,,, they offered him 7 years probation.. didnt want to take it to trial........... slap me in the face MR DA!!!!!!!
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Old 05-06-2012, 12:59 PM
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Was there enough evidence to take it to trial?
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Old 05-10-2012, 08:39 PM
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Quote:
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Was there enough evidence to take it to trial?

yes they had pictures and numerous witnesses who saw him beat me, But the da said that the juries in this town dont convict on DV cases unless the victim is dead... WTFreak,,, anyway,,, after 6 violations of my prtective order and a few emails later he was let move to California,,, OH well good ridence, at least i can sleep now. he has to come back in June to plea and ill be there with my statement, but it made me realize, thats why so many women dont persue the system.. sometimes it just doesnt work.
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Old 07-14-2012, 09:02 AM
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Quote:
Originally Posted by Nieves915 View Post
my ex had been arrested on another dV charge agaisnt me, it was a 2nd degree felony with prior conviction... he was facing 2-10,,, they offered him 7 years probation.. didnt want to take it to trial........... slap me in the face MR DA!!!!!!!

update,, on the 20th of june he was given a mere two years probation and allowed to go back to califiornia to live his happy lit pathetic life... It is just a matter of time before he hurts someone severely.... but it is over for me now and the weight is gone.... time to move on, heal, and get past it.
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Old 07-24-2012, 08:37 PM
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First let me say I understand you are a parole officer and I understand your job. Second let me say that domestic violence is a great % of my call out in my job...that being said let me answer those questions:

Quote:
Originally Posted by 26thncaliswag View Post
But, I want you to research what is in the best interest of all in the long run. If he goes to prison, what will he get out of it?
Those little dv classes they offer in prisons to level down really don't do much for the 'offender' accept show them the ropes of beating their next case and the go into min security. I feel I can type this because when I approach a house with children of domestic violence the offender (whether previously incarcerated or not) understands he/she is going to walk away with a slap on the wrist for a 1st time offense as long as they do dv programs, urinalysis, and they pretty much feel they have beat the system and the situation escalates because the victim 'told' whether it was a neighbor who called 911 or the ambulance had to be called.


What will you?
The victim...well, if they don't have the 'offender' breathing down their neck for awhile they sometimes come to understand the treatment/the abuse isn't acceptable. Sometimes they actually find a better life while they are locked up.

What happens when the system fails us?
The victims feel scared, like nothing is going to happen, they aren't safe, why call, why reach out, why try to escape to a better life because if they are stalked without repercussions then they are standing defenseless against the offender and the system.


[/quote]

Believe me, I am not for everyone that breaks the law going to prison because it destroyed my son, me, and our life's BUT am I for people that try to beat other peoples brains out going? oh yeah...
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Old 05-26-2013, 12:49 AM
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My ex took a plea they struck the strike. So he still has one strike on his record from a previous crime.he got 2 yrs prison. He has to do 85% of it.he will do 8 months in prison.it has to be prison not county cause the crime he committed requires prison time.court order reatitution was twenty-one thousand dollars for my doctor bills. he gets out in september. Im a little worried n scared.
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Old 05-26-2013, 02:28 AM
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What are you doing to prepare for his release? Who are you working with? What DV counseling have you had? Work with them to protect yourself for his release.
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Old 05-26-2013, 02:43 AM
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The victims advocate has not really helped me at all.they did put a 5 yr restraining order on him.i've been trying some counsoling. I need to find some cheap selfdefense classes.he was only able to beat me up that bad when i was sleeping. When im awake i will fight back. This is probably useless i did put a pepper spray key chain on my keys.
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Old 05-26-2013, 03:03 AM
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The ladies on this board will give you some better advice. I am certain there are more defenses available to you.
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