My Dad plead guilty to Assault with Domestic Violence. Is he forever going to be known as an abuser?
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My Dad plead guilty to Assault with Domestic Violence. Is he forever going to be known as an abuser?
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He and my sister argued and ended up shoving each other. My Dad is the one that walked away and went outside to get away from each other and calm down. He was outside working in the garden for 10 minutes when my sister (30 years old) decided to teach him a lesson by calling the police. The cops showing up blindsided my dad so much that he was NOT very friendly to the police. She layed the drama on thick and with my Dad saying things like "she is my daughter and she will show me respect......" they believed everything she said. He plead guilty at his lawyer's recommendation and he only served the required 12 hours mandatory. He doesn't have any probation or anything, just a mutual decision by both parties to honor a 365 day restraining order. What degree of crime is this and will he forever be known by law enforcement as an abuser by anyone that runs his tags? Additional Details He plead guilty at her request because that was the best option for a 60 year old that didn't want to go back to jail or serve probation and heavy fines. Plus, he is very worried about my sister being treated negatively and he didn't want to bring further shame on the family by fighting it.
I am primarily looking for the opinions of those in law enforcement.
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Guess who
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if he plead guilty then yes, he will forever have it on his record, unless he goes back to count and gets it removed from his record, Which he can do, and there are a lot of things that it can restrict him from, even carrying a gun, many things, that look at domestic violence much more seriously than regular violence, Because it is different to be violent with someone that you live with, with some one that you are suppose to love, than to be violent with a stranger,
It is much more serious. If he has a lawyer, i am sure the lawyer, spelled out all the ramifications of his plea, and all the things that he has to do , and can do later.
good luck |
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Tone
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your sister is nasty, plain and simple. that she isn't grown up enough to reconcile a family domestic should be warning enough for you. get rid of her (no murder please!) but the sooner you do that the happier your whole family will be. |
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-Praise Him in the Storm-
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It's most likely just a misdemeanor and won't show up on his record. By the way, your sister is retarded. I know someone who was charged with 3rd degree domestic violence and once his fine was paid, it got erased from his record. It varies by state. |
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dr.knows18
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Yes, definitely, it's harsh but they never really bother to erase crimes. |
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KC V â„¢
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It's not law enforcement that refers to him as an "abuser."
It's the law that shows he was convicted of an Assault/Domestic Violence.
The problem is that "man" has a propensity to fight instead of talking! There is no reason anybody should resort to pushing, shoving, hitting, or killing another.
In the past, victims of domestic violence often declined to press charges therefore the laws were changed putting the pressure upon the police to make an arrest if there is ANY sign of an assault without any room for officer discretion.
Doing that has helped the victims put the blame on the police where the perpetrator won't go back and reassault the victim because of an arrest made. |
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RnR2007
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Its just a misaminitor, it wont show |
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Joseph
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What kinda solicitor advises clients to plead guilty to a crime he/she didn't commit??
Was your sister forensically examined to verify her claims?? |
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efl
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he might be srry about that |
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miss.mongoose
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Unfortunately, whatever is entered into the legal system is public record, unless you're a minor. Since he only had to serve 12 hours, I'm guessing he plead to a way lesser charge, meaning he probably has a misdemeanor.
Most job apps, permissions, etc, only ask about felonies, so he can keep his conviction quiet in that respect, but there is a chance that his conviction will come up when his plates are scanned in the future. |
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Lucca
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This isn't a bad punishment. Don't worry!
Although it might not look great on his history, hopefully he won't get in any trouble later, but its better than a more serious crime where he could have had to serve time.
The people who know the true story of what happened and still love and respect you and your father are the only people whose opinions matter.
Do not care what others think. |
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Albert s
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yes they are. your sisteris a bltch and you should kick her ***. You should tell that cops wat happened or better yet lie and say your sister attacked him and ur dad tried running away but she called the cops:D |
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Tiger
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yes most likely because he had gotten assault with domestic violence.. that is pretty bad for some one to have on their record. it will never go away. now he has a history of abuse. my friend's dad is an abuser. he went to jail 6 times then they finally sent him to prison about it. when u shove someone, i suggest u think before you actually do it. |
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candice
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unfortunately, i dont think that your dad should have shoved your sister. its wrong.
but i also think that calling the police in that situation is wrong too.
but in the public's eyes, i think he will be known as an abuser. |
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Yagami Takaishi
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Do not worry. He would not have been able to walk away from this if it was a felony. The one thing you should know is that he knowing your sisters personality, should not have even got into an argument with her. When she started to argue, he should have just walked away. If I were him I would talk to a lawyer about what he can do to make sure she does not pull anything else that would get him into trouble. If he has the ability, put a security system that has cameras so they could see if she came and started something and broke the restraining order. If not able to do, get a cam corder for the front and back door and bright lights. Turn it on at night with a 8 hour use and that will record anything funny. He needs to stay away from her as well, which I am sure he will do. If he sees her somewhere, leave until she is gone. If he breaks the order, even accidently, he may get actual time. Now I think it is a shame that this kind of thing is going on in a family. Why is your sister so angry at your dad? There has to be some reason. Lastly, you sound a bit young. It is a shame at any rate that you have had to be pulled into this drama. He is your dad and she is your sister and I am sure you love them both even if you do not like your sister much right now. Where is your mom or other family members in this situation? You take care of yourself. Find positive things and people to get involved with. Your father and your sister can take care of themselves.. If not, they need to learn to. It sounds like some anger managment and family counseling would be good. Of course your dad and sister would have to do it apart from each other. God bless and good luck! |
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greeny
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He should ask his lawyer these questions. It was up to him whether or not he was going to plead guilty. In Minnesota, that would be 5th degree assault, a misdemeanor. However, it does prevent people from owning guns and will come up on criminal background check. Under many states, he could have the records expunged or sealed, but he would have to meet certain conditions and wait several years before he could have this even considered. |
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Dougal
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wow, he shouldn't have plead guilty if he is Innocent and I have never heard of a 1 year restraining order.
depending on the severity of the assault it could have been a misdemeanor or even a felony. The police are required to arrest if there is physical signs of abuse but your dad is not flagged and after he completes his parole he will be able to return to society as before.
Your sister sounds like she is a great daughter, maybe he should just cut and run. you know the whole tuff love thing. |
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Mike
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i hope not if ppl know the real story then he wont |
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jenny
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idk i thinks so sadly... |
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vilma
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It might show up in background checks run by employers and landlords. If he goes to court about something else later on, having "priors" will effect his credibility and sentence.
Sorry. |
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bonnie w
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Well sorry to hear that. Well my relative was put in jail for it and had to take classes on domestic violence as well as pay fines and serve time and do community service. Keep in mind his girlfriend was a phycho who beat herself and called the police after hitting herself, scratching herself and he went to jail 3 times for her. He was not at fault but he was bigger and taller than her and had a very high strung personality. So the laws were against him but he was one that I truly know of that did not do the crime and yet paid a heavy price. So hopefully your dad won't get any more calls this will lead to him taking classes and paying fines and labelled as domestic abuser.... |
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#1 Super Guy
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That's sad! I'm sure that will be forever on his record. And your sister sounds like she needs an a $ $ whoopin. What is this world coming to? |
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slw
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unfortiatly yes he will be put on a website and people do find out y |
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