domestic violence

Question Details: my sister was just abused by her husband, he was arrested. He choked her while she was sleeping, he threw a t.v. at her, she ran into the bathroom to hide from him and busted threw the door, and proceeded to beat her. My question is what length of time could he serve in jail and what could we do to prevent this from happening again or something worse. He beat her in her face while she was in bed, in front of their kids, hes done this before. we fear for her life he is a dangerous person, and would like for him to get the maximum sentence. He also has criminal background and **** background.

Asked 9/27/2009 under Divorce, Marriage, Alimony | 255 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Joanna Mitchell / Joanna Mitchell & Associates, P.A. Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

It willl be up to the State and your sister what kind of sentence he gets. She needs to make sure that she actively prosecutes him. If she doesn't, it is possible that DCF could get involved too and take the kids away for her failing to protect them from him (because the violence happened in front of the kids).

As for the protection, she needs to immediately file an Injunction for Protection against Domestic Violence on both her behalf and the kids behalf, and I would also recommend that she file for divorce.

My office specializes in these types of matters and also offers free initial telephone consultations. If you would like to schedule a free initial telephone consultation for your sister (you could participate too, if it is okay with her), please contact my office at 407-971-6140.

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