Is there a way that a wife can get her husband probation for a domestic violence?

Asked about 1 year ago - Baltimore, MD

She does not want him to serve time do to the fact of there young child but she does what him to get counseling for his angry that has gone up in the last year do to personal problems. They have the NCO ( for 6 months) in place by the judge can that be up lifted do to the fact that she is not scared for her life? And does the court start a divorce process in this 6 months even though the victim does not want a divorce just help?

Additional information

she did not get a protection order against him and this is his first time being arrested for this. he was only arrested one other time but for a miss understanding on his license. if she does not want to testify against her husband will the police. the only harm done to her body were scratches on the neck.

Attorney answers (2)

  1. Scott R. Scherr

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Husband needs an attorney. If husband was charged with a crime involving domestic violence such as assault, there are ways that an attorney can assert defenses and if necessary, assist with mitigation. If wife has obtained a Protective Order for domestic violence, this is a civil proceeding and does not carry jail time although husband can be charged with a crime if he violates the no contact order or other conditions of the Order.

    The prosecutor decides whether to go forward with the criminal case and the Judge decides the sentence if husband is convicted. These matters are taken seriously so husband needs an attorney to protect his rights and his future.

    Only a spouse (not the judge) can file for divorce.

  2. Dean George Tsourakis

    Pro

    Contributor Level 20

    Answered . the victim has a lot of input with the court and prosecutors regarding sentencing. Depending on prior record, it can be done. No, a court will not force a divorce upon unwilling parties.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and Spousal Abuse

Divorce is always an option for someone who is being abused by his or her spouse. The freedom to leave your marriage is an American right.

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