
07-27-2007, 07:35 AM
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Senior Member
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Join Date: Nov 2006
Posts: 456
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Quote:
Originally Posted by schultzie
Following a domestic altercation, pointing a loaded rifle at me and my son, my husband was arrested and charged with brandishing/possession/transportation of a fire arm while being a convicted felon.
He was indicted by the grand jury and I received a subpoena to testify against him. The commonwealth attorney told me that this was a mandatory 5 year sentence in a state prison.
At his trial he pleaded guilty and the judge sentenced him to 5 years, then suspended them, gave him 1 year supervised probation and court costs.
What could he have pleaded to get out of a mandatory sentence? Due to the threats to me and my children, the commonwealth attorney assured me he would go to prison, he didn't. I requested a protection order and the magistrate told me that it would only send him into rage and he would do more harm. Since his trial he has already left the state 2 times for weekend trips. Can he do that on probation without notifying his probation officer? She knew nothing about him leaving the state.
I do know that he is living in a new home with his girlfriend and her 2 young children, he admitted that in court, and she has several rifles, shotguns and handguns. We are not divorced yet and he was informed in court by the judge that he admitted to adultery. He also refused to pay child/spousal support.
Any guidance, information or advice would be greatly appreciated.
Thank you.
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If you haven't filed for divorce by this point, I can't suggest strongly enough that you do so as soon as possible. His abusive behaviour alone should help expedite the paperwork; if proceedings have already begun, you can file for an emergency hearing based on the incident you posted (accepting it at face value.) Your primary concern should be with you and especially your child .. both of you need to put as much distance between you as you can, in my opinion, especially as he has such easy access to firearms. Check your state's divorce statutes; cohabitation and adultery are grounds in some jurisdictions and based on the circumstances you've posted, I believe any custody agreement should specify supervised and minimal (your state's minimum) visitation. At this point, I'd be much more concerned for you and your child's safety than with support. I find it very disturbing that a magistrate apparently dismissed your concerns .. it's up to you to protect yourself and your child, if in fact that is the case.
Your other questions can be answered by the court records on file or an attorney. Personally, I'd contact his probation officer without hesitation and voice your concerns, particularly regarding the close proximity of firearms. That also may be a probation violation, depending on the terms. While your 'ex's probation officer certainly isn't legal counsel, I believe she may pay a bit more attention if you ask a few pointed questions. If you indicate your safety concerns, I see no reason why your identity be revealed to him through her .. make sure you discuss this in advance before you set any wheels into motion. The last thing you need to do in such a sensitive situation is to "set him off" yet again .. be very careful in how you approach the probation officer.
Good luck to you.
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