Info Please

itsbob

itsbob

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

TwistedDiamond

Blondes do it better.....
itsbob said:
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..
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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!
 
J

jwwb2000

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

jwwb2000

pretty black roses
TwistedDiamond said:
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!
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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.
 
J

jwwb2000

pretty black roses
TwistedDiamond said:
I'm a female and happily married! and to jwwb the police were called and they took pictures as well.
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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 :bs:, 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.
 
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greeneyes36

New Member
TwistedDiamond said:
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.
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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.
 
P

poster

New Member
TwistedDiamond said:
His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ
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Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?
 
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TwistedDiamond

TwistedDiamond

Blondes do it better.....
poster said:
Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?
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She doesn't have contact with his lawyer. He told her that's what his lawyer said, and he also told her about the spousal privilage. BUT she is done and just wants out, there will be no evoking of the spousal privilage here.

And as for annulments, judges do it on a cases by case basis in maryland. And I am most certain if a judge was to hear her case there would be no problem. We just haven't a clue where to get those papers because the court house does not have them.
 
TwistedDiamond

TwistedDiamond

Blondes do it better.....
Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.
 
J

jwwb2000

pretty black roses
TwistedDiamond said:
Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.
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Don't let her believe his :bs: He is just blowing smoke to try and get her to use the spousal privilage so he DOESN'T have to face the charge in court.
 
mingiz

mingiz

Horse Poor
I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.:popcorn:
 
pixiegirl

pixiegirl

Cleopatra Jones
TwistedDiamond said:
Yes, this is what we have been told. You have to get separated, wait 6 months to file and then after filing you have to be legally separated for a year.
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Just cause she wants an annulment doesn't mean she qualifies for one. If you'd read the qualifications; him smacking her around isn't one.

She can file for divorce without the mandated waiting period if violence is an issue.

Tell her to pull her big girl panties up, leave, get a restraining order if she fears for herself and file for divorce. The state isn't going change the rules cause she wants an annulment.
 
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greeneyes36

New Member
mingiz said:
I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.:popcorn:
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in the state of MD, a signed separation agreement does not give you that single life status again --- to go on living as though you do not still have a spouse. Only once you have a signed divorce decree by the judge granting your divorce is it then "ok". one or the other spouse can file for divorce based on the grounds of adultery during that separation if the other party is in fact committing adultery. there is no statute for "legal separation" in MD. Most people assume all is good once you have that signed agreement, however, that is not the case at all. In MD, you are married until you are divorced.
 
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