History of domestic violence!

[m5634]

What is the name of your state? WA

Can or will a prosecuting attorney change a charge of 4th degree DV to a more serious charge, if the PA finds 10 yrs. of DV abuse court records?

The defendant has been found guilty & sentenced in at least 4 different instances. Sometimes his probation has been revoked, in which case he served more jail time.

He now has a new charge against him, that hasn't gone to trial yet. FYI the victim has a pattern of not always cooperating with court orders to show up.

 

[Just Blue]

What is the name of your state? WA

Can or will a prosecuting attorney change a charge of 4th degree DV to a more serious charge, if the PA finds 10 yrs. of DV abuse court records?

The defendant has been found guilty & sentenced in at least 4 different instances. Sometimes his probation has been revoked, in which case he served more jail time.

He now has a new charge against him, that hasn't gone to trial yet. FYI the victim has a pattern of not always cooperating with court orders to show up.

Are all charges related to the same victim??

 

[m5634]

Yes!

2 of them also include the victim's daughter, as being a victim as well.

The daughter is now an adult age, but the 1st one in which she was a victim, along with Mom, she was a minor.

 

[CdwJava]

If the DA knows about them, and they are priorable or able to be charged as enhancements, he almost certainly WILL charge up.

To address the victim's reticence to cooperate, I would seek to take the children due to the repeated domestic violence and her obvious disregard for the effect it has on the children. Eventually, that will likely happen in WA, too.

If she wants to continue to be a punching bag - fine. But the kids need to be rescued.

- Carl

 

[m5634]

Another question, same abuser

Victim currently has NCO against abuser. The court docket shows it was originally set to expire Nov. 06. It now has been modified to expire Nov. 07

Would it have been the courts that modified NCO expiration date, or would the victim have to request to modify NCO?

 

[CdwJava]

Victim currently has NCO against abuser. The court docket shows it was originally set to expire Nov. 06. It now has been modified to expire Nov. 07

Would it have been the courts that modified NCO expiration date, or would the victim have to request to modify NCO?

It might be a typo. She should contact the court and confirm the expiration date. In my state they don't usually get extended for no reason.

And a protective order does no good if she allows her abuser to break it at will. Most the time when we see DV charges against a suspect who also has an order preventing him from contacting the victim, it is because the victim had long permitted the suspect to violate the order.

- Carl

 

[m5634]

Victim has pattern of dropping NCO

This is the 1st time, that the victim hasn't requested to drop NCO. The other times she's dropped it, normally less than a month after the incident.

How likely is it the DA knows about past abuse, considering he has been charged in another county, & the very 1st two charges happened in another state?

 

[CdwJava]

This is the 1st time, that the victim hasn't requested to drop NCO. The other times she's dropped it, normally less than a month after the incident.

How likely is it the DA knows about past abuse, considering he has been charged in another county, & the very 1st two charges happened in another state?

Very likely. If he was ever booked (pictures and prints) he has a criminal offender record. This criminal offender record will be used by the DA to establish priors and to check the history. And if the DA goes further, they may look in to past events where he was not arrested.

This woman is certifiable to stay with this guy! If she wants to stay with this thug she needs to put the kids up for adoption. We do not need another generation of abusers and victims. However, given the length of time this has occurred, it may be too late for these kids ...

and so the cycle continues.

- Carl

 

[m5634]

Hope a Judge will help one of those children

The victim has 7 kids, by 4 different fathers. The last 2 are with her abuser. The victim lost custody of the 1st 3 kids to her ex-husband. The oldest daughter moved back in with her, I think 2 years ago.

The 4th, the Mom kept moving and not notifying courts & father. Father probably hasn't seen his child in about the last 6 or 7 yrs. Yet the man pays his child support, even though he doesn't know where she lives.

The 5th child belongs to my brother. Thankfully he is the CP. Hopefully the history & the most current charge against Mom's boyfriend will get the court to modify PP for Mom to have supervised visitation in this child's state. She's proven she can't be trusted, so my brother is trying to find an attorney to modify PP.

I really hope the Judge will see this isn't good for a child to be placed in this kind of environment, even if it's only for 2 months.

We know with what happened last summer, while he was visiting Mom, that he didn't have a pleasant summer. If the PP doesn't get changed, I pray that she won't hide him again. Last summer, it was a matter of getting the police involved to find her and the child. If it hadn't been for good timing, child may be still concealed somewhere.

I appreciate your help! The more we get a little bit of understanding as how to the courts work, and somewhat Judges think, the better off the child will be.