He is also on probation for a DUI from last march 3 2014
We really cannot know the answer to that. It would be speculation on our part only. If he has not yet been arrested, it is possible.
PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT. MARK THE ANSWER AS HELPFUL. THANK YOU! LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Mr. Birchmore. To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Mr. Birchmore are in no way intended to be actual legal advice, and they should not be interpreted as such. Instead, the responses were given as general information to be considered, reviewed and confirmed by an attorney more familiar with the reader's particular circumstances. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area. No reader should rely on any statement made here without first verifying it, in person, with an attorney. Any person who relies on any information contained in these responses does so at their own risk. Go see an attorney!
Maybe. We don't know enough about either case to properly answer your question.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Its unlikely, unless he is still on probation and they use the new charge to take a probation warrant out. Otherwise, they wouldn't arrest him before his court dates on the battery charge.
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
It sounds like you may have filed an application for an arrest warrant. (Cops usually can't arrest anyone for a misdemeanor unless they actually witness something of the behavior or its consequences. But they could have advised you take out arrest warrant. Or, you may have decided to do so on your own.) If this is the case, he wouldn't be arrested until the judge, probably Magistrate Court, decides on this July 1 court date whether there's enough probable cause to believe what you're saying and that what he did constitutes simple battery. THEN, if arrest warrant issued by court, he could be arrested. Possibly even then and there.
Boyfriend's probation officer unlikely to know ANYTHING about this incident unless boyfriend is arrested OR you tell him/her. If boyfriend IS arrested per your complaint via the July 1 court date, the probation officer will most likely learn of it pretty quickly and so make out an additional arrest warrant to get boyfriend/probationer for violating probation. If that happens, it will be hard, almost impossible for boyfriend to get a bond, so he'd be locked up until at least the revocation hearing.
BTW if you're concerned that boyfriend be arrested sooner rather than later (in other words, if you'd like to see him arrested before the July 1 court date on the warrant application), the PO might be in a position to violate his probation depending on what he/she (the p.o.) learns from you. For example, if you called probation officer and told him/her about the battery incident, or that boyfriend was drinking ( I'm absolutely sure that not drinking was a condition of his DUI probation), or about some other behavior on boyfriend's part that was against his probation conditions and obligations (quitting job, not going to AA, etc.), then probation officer might have grounds to have boyfriend arrested for alleged probation violation.
Get advice/help for battered woman group or shelter or hotline if you are concerned about boyfriend battering you again. Even if it's "only" emotional.
On the other hand, if you're worried that by "filing simple battery," you're going to get boyfriend in more trouble than he deserves, and you're having second thoughts, you can soft peddle the incident at the arrest warrant hearing. Possible no warrant would be issued. If the latter is the case, however, you should still go check out whatever battered women resources are available where you are.
Hope this was helpful. Good luck.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline