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Will my daughter's IDIOT boyfriend get jail/prison time?

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Last year my daughter's boyfriend Father to their child was released from prison for Home invasions and theft currently has two strikes. She moved out shortly after his release and he has been abusing her since. She has never made a call to the police. Three days ago she called me crying that he hit her so I called the local police department and he was arrested. I just found out 1 week prior to this incident my daughter had called 911 because the IDIOT choked her unconscious. I never know what he does until after the abuse is done. The IDIOT was recently released on bail with only a PC 243(E)(1) MISDEMEANOR violation two calls made for domestic violence. He is still on probation. Will he do time?

Attorney Answers 4

Posted

You seem pretty perceptive about the nature of this guy. I have re-tagged the question for criminal experts. Please try and get your daughter into counseling and remain supportive of her. As much as you and I both would love to see her get a civil restraining order against him (as well as any criminal protective order); in reality, she has to be ready. Perhaps a domestic violence advocate could help her understand that abuse gets worse; without help, her life is at risk. Her custody of that child is at risk, too - be ready for a CPS investigation. Even though she is the victim, she has an obligation to protect that child from witnessing abuse - and that obligation must outweigh her fear. If your daughter loves her child and wants to raise her child, that boyfriend has to go, and she needs to apply for a retraining order and full custody. Good luck to you.

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Posted

You have no idea the stress I have been under. My grandson is 4 years old and very smart for his age. Yes, CPS is now involved and there is a restraining order in that they are both breaking . My daughter of course does not want to tell me the truth but I believe he is back at home. I pray everyday God shines his light down and sends this IDIOT to jail... i know he has two strikes on a totally different crime which is the home invasion or robbery not sure but felonies for sure. He was out recently from a violation to the robbery sentencing. Thank you so much for your help.

Erin Patricia Farley

Erin Patricia Farley

Posted

You are very welcome. I am so sorry about this situation - you must be so scared. Is there any way you could speak with an attorney in your area for guidance? If CPS is involved, they would want to know whether or not that man is at your daughter's house. If you had to call, let them know you could care for the child. I will back up your prayers. Best to you.

Posted

He could get up to one year on the DV case and they could revoke his probation on the other case and sentence him to state prison. Depending on the county, it is likely a conviction on the DV will send him to state prison because of the Probation violation, unless of course he is on Probation for a realignment case.

If he is on parole, he is definitely going to state prison.

Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

Mr. Weinstein, Do you think he will do time with the DV charge only being a MISDEMEANOR? He has two strikes did his one year and violated that parole and released after the one year. I pray the judge will see through his lies and give him the most possible time. thank you.

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

He could get up to 1 year on the DV and on the parole violation probably 1 more year, depending on his sentencing. Seth Weinstein, Esq. Southern California Criminal Defense Attorney (310) 707-7131 www.sethweinsteinlaw.com

Posted

I agree with Mr. Weinstein. If your daughter remains with this idiot she will be behaving idiotically as well as endangering herself and her children. The police should have offered her a criminal protective order from this guy. If she didn't accept it she made a poor decision.

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Posted

Ask the prosecutor.

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