Will the judge believe him?

Question

My ex violated the order of protection I have against him so i had him arrested, what is more admirable or believable in court: if he tries to make up an excuse for everything he did to me OR if he says "listen, i'm remorseful for what I have done and I can't remember most of it because I have an alcohol addiction that I need help with"?

I am thinking that judges have heard it ALL, and if he says the truth without excuses then since he has no criminal record he might get off with a fine or probation..?!

Please help (to all legal savy people)

Answer 1

Are you trying to get him out of trouble?

It would be better for him to be truthful - but, he will still have to pay the price for breaking the order of protection.

Answer 2

give your attorney the proof that shows the violation.  get some counseling and put yourself in a place where you have control over your life.

Answer 3

First of all everyone is sorry when they are caught. Being an alcoholic is not an excuse. Most Judges have seen and heard it all, they look only at the case from the point of law, did he violate the protection order - yes - then he is guilty. At this point the Judge has choices on sentencing, there will be a fine with court costs this is usually a set amount. As for any jail time- the Judge can give him a set number of days to serve, he may suspend all or some of the days. There is a good chance your ex will be ordered to seek counseling.

Answer 4

Why are you concerned with him if you have a protection order against him?  I would care less what the judge believed if I was in your shoes.

Answer 5

Alcohol is not an excuse in law... full stop... he violated a court order, the court should sentence him, or fine him, end of story....

Answer 6

Why are you trying to help him? People who use the legal system as a relationship tool make me sick. Some woman was probably being beaten or worse while cops were wasting time on this c**p.

Answer 7

Violating a court or protective order is pretty straight forward.  Either he did or he didn't.  In my experience, Judges do appreciate someone who is honest and contrite about their mistakes and accepts responsibility.  I would leave out the alcohol addiction as it will be perceived as an excuse.  It is an explanation but does not excuse his behavior.

As for the Judge, he will hear a probation violation hearing, if necessary or requested and determine the punishment.  Another concern is that the DA can file a new case for the violation, as well.