My husband is being charged with alleged assault with a deadly weapon charge by his ex-wife and her current beau. After their sons baseball practice they are alleging that he vandalized his ex-wifes beaus car and threatened him with a bat. They are claiming this happened around 8PM and in the middle of the night around 1230AM the same day; cops came to our door(from her city as we live in a different city) and arrested him and searched our cars for the alleged weapon,a baseball bat. The following day his ex-wife sought a restraining order citing the alleged incident as the reason why she felt threatened and was denied an order by the judge, however their is still a hearing set although he hasn't been served yet with the restraining order. We have no idea if we need assistance as there was no assault and if they allege that a bat was used of course we have bats as well as she because it's baseball season! Help!
First step would be to privately consult with a criminal attorney to review the details and go over options. He should not make any statements to police detectives. Use the "find a lawyer" tab above.
ADW is a serious and violent crime involving prison and a strike. Your husband needs help on three fronts: 1) legal representation at the restraining order hearing; 2) legal representation with the criminal case; and 3) an investigator to investigate the allegations. Bear in mind that there are two types of criminal defense attorneys, those who negotiate plea bargains and those who are willing to go to trial. If these charges are false, then the husband needs the latter, a criminal defense attorney with lots of trial experience.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
There are two cases here - criminal and family. Find an attorney; interview witnesses and find other sources of evidence (you will be amazed how many videographers abound since smart phones) and present this in both forums. There is no other way. You have to be on the field to play.
Assault with a deadly weapons is a very serious felony charge and is considered a "strike" in California under the three strikes laws. Your husband needs to hire an experienced criminal defense attorney in Los Angeles quickly to defend him. These charges can be defended against, depending on the evidence, but you should take this very seriously. As for the restraining order, while this is less serious than the felony charge, it is still something your husband should consider defending against. This is what is know as a "CLETS" restraining order and if it is granted it will create a blemish on your husband's record that can be harmful in certain situations. Likewise, if your husband has children with his ex-wife, this case could affect your husband's custody of his children. You should consult with both a family law attorney regarding the restraining order and an experience criminal defense attorney regarding the criminal charge. Good Luck!
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