If my fiancé was charged for a family assault charge, if we marry while he is still in jail, can this help our case?

Asked over 1 year ago - Cleburne, TX

He has two felonies, and The state is going after him for family assault impeding breathe. I'm going to fill an affidavit to take the emergency protective order off and state that he did not choke me like officers reported. Pulling my hair and his fingers on the back of my neck are not strangling. I'm hoping if we marry like we planned even though he is in jail now, this may help the state realize I stand by him, and am not afraid of him nor am I at any harm.

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The status of your relationship makes no difference. The State will not respect your "stand by you man" and will have a expert to testify this is a typical response from a battered woman. It will, in fact, impress them that you are in more danger because you are not admitting his has a problem.

    You may file to remove the protective order, but the judge does not have to agree. Your better way to help him is to cooperate with his lawyer.

    Cynthia Henley
    713-222-1220

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your marriage status has no bearing on the case. You need to work with his defense attorney to help clear up the charges. With your help, the case may be reduced to a misdemeanor assault. He needs to be taking batterer's intervention classes. It may have been a misdemeanor this time, but abuse often escalates. You and he both need to take his improper behavior very seriously.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Douglas Holbrook

    Contributor Level 17

    2

    Lawyers agree

    Answered . You may be surprised to find that your getting married will have no effect on his case whatsoever.

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