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Can my husband go to rehab instead of jail for a domestic abuse case

Jeannette, PA |
Attorney answers 3


It depends on may factors. It is up to your husband's attorney to negotiate with the DA and convince the sentencing judge


Ms. Alperovich is correct. Once criminal charges have been filed, the case becomes the DA's case, not yours. You're the victim. You can talk o the DA about your proposal. He/she may find it a viable souliton to the problem

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.


Yes, it is possible that your husband can receive a sentence of anger management counseling as an alternative to jail for domestic abuse. Because of the he-said, she-said nature of many domestic abuse cases, the district attorney generally cannot prosecute a defendant without the victim's testimony. In many Pennsylvania counties, the district attorney will honor the victim's wishes when determining such matters as whether to prosecute and the type of plea agreement to offer. If you want your husband to receive court-ordered counseling but do not want him to go to jail, then let the district attorney know this. The district attorney may ignore your request, but unless the abuse was egregious there is a strong chance that the prosecutor will honor it.

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