Domestic violence? can he go to jail?

Question

okay so my boyfriend and his mom were arguing and she just started hitting him and smacking him and basically beating him up. and his in MMA fighting so his natural reaction was to get her off of him...so he grabbed and and pushed her a little bit and she kinda went flying out the door. but he really didnt mean to throw her that hard. The mom is trying to get everyone to believe he hit her first but no one is believeing her. so there are about 5 witnesses that she hit him first. so if she presses charges (which she probably will) will he go to jail even though he was defending himself? oh and hes over 18 if that makes a difference......and if he will go to jail...how long will he go for?

Answer 1

Hmm...

They both can get into deep trouble for abusing eachother.

Unless the boy mentally killed her or serverley hurt her, I'm guessing.

Answer 2

He should press charges against her first and have witnesses sign they saw her attack first.

Answer 3

I would not think so because it would be self defence. so i am going to say no.

Answer 4

He should be all set with witnesses.

Answer 5

Not likely he'll go to jail but you never can tell.

Answer 6

Being hit first is not a complete license to do whatever you want.  Even if he were trying to prevent future harm, he might have used excessive force.  The cops will investigate and see who they believe.  Then decide whether to arrest.  Then the DA will see what he believes and decide whether to charge someone.  Finally, the jury will decide what they believe and determine if the charged person was guilty.  There are too many variables to predict who gets arrested, whether anyone is charged or convicted and what the sentence might be.

Answer 7

well sounds like your boyfriend has a pretty aggressive mom.. you're probably right about his mom pressing charges. if she does, they will most likely go to court, and if the witnesses do go as well, they can go on helping your boyfriend. Honestly, if they (your boyfriend and the witnesses) put up a good fight, she will go to jail rather than him. it is no crime to defend yourself, but it is not taken lightly in court to lie. think of it: 5 witnesses, as well as your boyfriend himself, vs. the accuser. who do you think will win?

i'm sure you have nothing to worry about. hope i could help!!

Answer 8

Sounds to me mom should be going to jail.

However, if the force he used was not reasonable, he could be charged too.

Answer 9

If he is a man, and he hit a woman (EVEN if she hit him first!), then he is wrong.  If he's over 18, then he IS a man, and perhaps a little jail-time will teach him that it is NEVER okay for a man to hit a woman... Sometimes it's okay for a really big man in a cell to pretend another smaller man is a woman, and be a little "rough", but he still shouldn't hit "her"!  That's just not nice.

Why would you be dating someone who has in him the capacity to hit his mother? Was this a surprise to you?

Answer 10

if there's five witnesses to say he was pushing her away then nothing will happen. I can't beleive his own mother is reporting him for assault. It was bad that he threw her back so hard though, martial artists are meant to be in full control of themselves and know there own strength, so that will count against him.

Answer 11

Sounds to me mom shuld be going to jail.

However, if the force he used was not reasonable,he could be charged too.

Answer 12

All of that depends on the law in your state, the police and their judgement of the situation in deciding who (if anybody) to arrest, then finally it is up to the judge or jury that might hear the case if it goes to trial. Sentencing would be decided by the judge, and it's based on the law or sentencing guidelines in your boyfriend's jurisdiction.

Answer 13

Um if there were 5 witnesses then it will probably be judged as self defense.

Answer 14

It sounds like he used reasonable force in trying to defend himself. That she went flying out the door is incidental. That she was in the position for this to occur when he pushed her away was happenstance. He didn't intend it to happen and if she had been poised differently then it wouldn't have. That will be taken into consideration should she attempt to press charges against him. That he has so many witnesses to corroborate this is fortunate for him and works against her.

He should charge her for assaulting him if she hasn't already been charged with that. Having that charge against her would also work in his defense.