My boyfriend, is looking at a 2nd dv, 1st child endang., I do not wish to persue charges, state is,am being subpoen, ....

Asked over 1 year ago - Marion, OH

Boyfriend & I are seeking family counseling, for us & our kids, we want to make things work been together 10 years, & have 3 children, one is 2 months old, boyfriend is not a violet person, this has only happened 2 times& he has never hit our kids, the child endan g. Is because kids were around the argument, would just like to know what I & he could do to not get in such a harsh punishment??? Please advise him & I we are both very.much in love & want to work things out for our family, especially the kids, thank you

Attorney answers (3)

  1. Kyle J Bristow

    Contributor Level 13

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    Answered . Your boyfriend needs to immediately and privately consult with a criminal defense attorney. What he says to people and/or writes online can be used against him in court. He should not talk to you about the case, because you can be forced to testify against him in court.

    Unfortunately for your situation, you don't really have a say as to whether or not your boyfriend is prosecuted. The government prosecutor gets to decide whether or not the case goes forward.

    You should speak with the victim's advocate of the courthouse at which your boyfriend is being prosecuted to figure out how the case might be able to be resolved amicably. You could also consider contacting the prosecutor. With your encouragement, the prosecutor might reduce the charge to assault or attempted assault and your boyfriend may only be put on probation instead of going to jail if he accepts a plea bargain offer. A term of probation can be the taking of domestic violence classes and no further criminal acts.

    Your situation is not uncommon. Many times the government gets involved when it shouldn't because a couple had a heated argument.

    You should contact your own attorney--who practices in the area of family law--because CSB is almost certainly going to become involved since it has been alleged that your children were endangered.

    Good luck!

    No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for... more
  2. Christopher Lee Beck

    Pro

    Contributor Level 18

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    Answered . These charges are very serious and unfortunately your input does not matter a great deal. If you truly want to help him and not have him go to jail or these convictions ruin his and your future you should hire him a really good criminal defense attorney. Good luck.

    www.becklawofficellc.com
    Dayton, Ohio Criminal Defense Attorney

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  3. John Maurice Holcomb

    Contributor Level 13

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    Answered . The prosecuting attorney has the final say in whether or not charges are dropped, but you should nevertheless tell him (and the victim's advocate) firmly and in no uncertain terms that you believe that pursuing the charges is not in the best interest of you or your family, and that you are requesting that he dismiss the charges.

    It is likely that children's services will become involved; be ready to fight in juvenile court to keep your family together. I agree with counseling, though; keep going, it will look good to the juvenile court.

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