Info Please

[itsbob (Premo)]

Originally Posted by TwistedDiamond

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

Who cares what HIS lawyer said, and who cares what level assault. So he's got a lawyer to defend himself against the charges, but she doesn't have one to defend herself from him??

He shouldn't be JUST charged with assault, but domestic violence as well.

File the papers today, get on the Master's schedule, and let him determine what needs to be done as far as a divorce. Hopefully someone took pictures of the "after violence" bruises, bloody nose, balckened eye etc..

[TwistedDiamond]

Originally Posted by itsbob

Who cares what HIS lawyer said, and who cares what level assault. So he's got a lawyer to defend himself against the charges, but she doesn't have one to defend herself from him??

He shouldn't be JUST charged with assault, but domestic violence as well.

File the papers today, get on the Master's schedule, and let him determine what needs to be done as far as a divorce. Hopefully someone took pictures of the "after violence" bruises, bloody nose, balckened eye etc..

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!

[jwwb2000]

Originally Posted by TwistedDiamond

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

The state's attorney doesn't like any type of domestic violence and even the best lawyer has a hard time getting the person off the charges unless the spouse uses the spousal privilage so she doesn't have to testify against him.

If she really wants out of the situation, tell her NOT to use her privilage and let the judge fry his butt and ensure she keeps the restaining/protective order against him current.

[jwwb2000]

Originally Posted by TwistedDiamond

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!

The police should have taken pictures as well IF they were called. These will be in the case file the state's attorney will have to use as evidence against him.

[kwillia]

Originally Posted by TwistedDiamond

Oh I can assure you pictures were taken, I got a call at 3 in the morning and I came with guns blazing and a camera in my hand!

Were you already her boyfriend at the time or are you the 'knight in shining armour' boyfriend?

[TwistedDiamond]

Originally Posted by kwillia

Were you already her boyfriend at the time or are you the 'knight in shining armour' boyfriend?

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

[kwillia]

Originally Posted by TwistedDiamond

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

Well, then scratch my idea on how to get the quickie divorce...

[itsbob (Premo)]

Originally Posted by kwillia

Well, then scratch my idea on how to get the quickie divorce...

WhaT, you don't think lesbian lovin would count as adultery??

[jwwb2000]

Originally Posted by TwistedDiamond

I'm a female and happily married! and to jwwb the police were called and they took pictures as well.

Then there should be no problem with him being prosocuted. There isn't anything such as "simple assult". If marks were left and pictures were taken, then the assult was bad enough and the judge will not let the ding dong off on just PBJ, even with a lawyer who may be friends with the state's attorney.

And before some of you say , I've been on the side of the fence as her friend and I chose to use my spousal priviliage, of which, I should not have. But that is history.

[greeneyes36]

Originally Posted by TwistedDiamond

We've already seen all of this, now we are just looking to find where to get annulment papers. He has hit her and he is being verbally abusive, she wants out.

if you have seen all of this already, i'm not quite sure why you're asking about annulment still?? annulment appears, from reading the info i gave, only an option IF wedding wasnt legal to start with - he or she were already married to someone else, IF they are blood relatives, and lastly, IF it was a minor that was not permitted to be married without consent of their guardian.

Looks like she is stuck with the standard, ONE YEAR voluntary separation and filing for an Absolute Divorce at the one year mark of separation. Spousal abuse doesnt seem to speed the divorce process, whereas Adultery is the only expedient way of getting divorced --- can FIEE FOR DIVORCE any time vs. having to wait the 1 yr to even be able to file.

She needs to leave, cut off communication with him, be thankful she can file for divorce in 1 yr. Then plan on another 6-9 months to get through the court system if he contests, kids and/or property involved. Be a good friend and continue to emotionally support her over the next 18 months.