Legal Question in Criminal Law in Kentucky

Domestic violence/assault

In August 05, my husband and I had an altercation. The police came to our home. I was arrested and spent 24 hrs in jail. The charge was assault, it was amended to harressment. Due to a previous DUI 2 conviction I was placed on 2 yr probation, with 90 days on the shelf & 20 hrs classes. Now 15 months later, my intoxicated husband pours two full cans of beer over my head, in retaliation I sling a coffee pot, it hits him in the face, I was not aiming at him.

Bleeding, he calls the police.

I leave. The police come, take pictures and a report.

My husband regrets calling the police. We are still together.

We have stayed the last few nights in a motel, fearing that the police will come for me. Now what? Will they come to my home and arrest me? Will

I go to jail? How much time will I have to do? What about the time on the shelf? What about the 10 months I still have on my probation? I have a 9 year old son to take care of. And no, my son was not home at the time. Please help me.


Asked on 11/07/06, 11:44 am

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Domestic violence/assault

There may be a warrant or summons taken out by the police which will bring you into court (either by arrest in the case of a warrant or by voluntary appearance in the case of a summons). If your husband didn't sign anything, then the police would have had to initiate the paperwork process. If you (or he) has the officer's card or contact info, you can call and find out what they did.

Assuming you are called into court to answer for charges arising out of the second incident, you potentially face both a revocation of your probated time and an additional sentence on the new charges.

HOWEVER, with a little luck, the continued cooperation of your husband, and some legal assistance, you may be able to walk away without having your probated time revoked and with no time to serve for the second incident.

Good luck.

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Answered on 11/07/06, 2:57 pm


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