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Dropped PFA and Terroristic Threat Charge?

My question is what can my husband's lawyer do to get this charge removed from his file and have him not charged? A little bit of the background to try and get the best answer. My husband and I have been together for over 20 years, married for 10 of those years. We have 3 children together. About 3 months ago my husband and I started having some marriage issues between work, money, and sex.

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I am a woman that holds everything in until I need to explode. He is more verbal about his feelings as far as being able to express them. About a month ago I left with the kids to go to the park with my parents and my husband called to see where I was. My father answered the phone and told him that we were up there at their campground/park walking around and playing. My husband asked my father to talk to me and he refused.

I was unaware of several other conversations before this one. My husband and I had made plans to have supper at a certain time and when the kids got hungry, I suggested that we should go back to the house, but my mom butted in and told the kids to go pick up sticks so we could build a fire and cook hot dogs.

Later on that evening there was another phone call from my husband asking again where the kids and I were. My father told him that we were on the way home. I got home and my husband was so mad at me for lying to him about not telling him that we were going to the park. I said yes, I told you. A little bit later after some screaming and yelling, he slapped me across the cheek. It was not a full open hand slap, but more like a hard chin lift to try to get me to look at him and talk to him. I freaked out and ran out the door and went to beg my parents to come back to the house with me so we could talk to him.

They suggested that we go to the police and file a report, so I did. In the heat of the moment, comments and words were said and my father confirmed that my husband did indeed say them, so the police charged my husband with terroristic threat charges. The night that this all happened I did not want to go to the police because I thought by morning nerves and emotions would be calmed down enough so we would be able to talk. I did not want to put a full PFA on my husband that night, but I was listening to my parents advice, domestic violence advice, and my appointed lawyer's advice instead of what my brain and heart was saying. I was scared and confused, not necessarily for my safety or my children's safety but because of how much the heated conversation had got at the moment.

I currently have dropped the PFA against my husband, but we did not have our hearing for that yet. The terroristic threat charge hearing is coming up. The arresting officer that night called my father and myself to show up as witnesses. My father told me that yes, he is going to tell the court that my husband did make some threats that night, but he feels strongly that he would not have acted upon them. I also have within my PFA report that those comments were made and I feel the same way, that they were heat of the moment comments and he would not of acted upon them at all. My husband loves his family that we made together and there is no way on earth that he would try to harm us in any way.

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September 1, 20150 found this helpful

I'm very concerned about things you are saying here.

"I got home and my husband was so mad at me for lying to him about not telling him that we were going to the park. I said yes, I told you." Is your husband a jailer? Why should he be mad that you took the kids to the park? Isn't this something a normal mother would do?

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If you think this is normal, it isn't. You shouldn't have to report your every move to your husband or ask permission to take your own kids to the park.

Next, he is screaming and yelling at you. Why? Because of a simple miscommunication? Then he touches you in a violent way, which you are already downplaying. Apparently it was scary enough at the time to go to the police, but now you are justifying it or saying it was not as bad as it was.

As far as what he said, it was apparently threatening to yourself or his family. Threatening enough that the police decided to classify it "terroristic threats." That is a BIG DEAL. Yet now you are saying, "Well, he wouldn't really DO anything..." and it sounds like you've talked your parents into also testifying on his behalf, despite the fact you admit to feeling scared, confused and "freaked out" at the time.

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It seems you are having a hard time wrapping your head around the fact that your husband is an abusive and violent person. At the time it happens your instincts tell you to get away and to keep him far away from yourself and your family. Afterwards you somehow manage to use your brain to justify his behavior, downplay your own emotions and tell yourself that it wasn't as bad as it really was.

Keep in mind that these domestic violence professionals have many years of experience and can spot a truly violent person from miles away. If they think there is a problem, there is. You may risk being harmed or even killed by your husband if you wish, but certainly you must take steps now to insure your three innocent children are safe. Afterward, you can decide how serious he really was about those threats. Now, he needs counselling and anger management classes and evaluation by professionals, and he needs to be away from your family until that is done. These professionals can see signs and symptoms that you will not see because you are obviously blinded by your attachment to him.

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Bronze Answer Medal for All Time! 220 Answers
September 1, 20151 found this helpful

Abigail has given you extremely important advice and warnings about your husband, your children and you. It is clear that you do not want to acknowledge the truth of your situation, however, your children and you are in severe danger!!!

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You must find the strength to protect yourself and your children from a dangerous man who will only increase his violent behavior.

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