Legal Question in Family Law in Mississippi

Husband and wife arrested at the same time for

Last night after being married for 12 years, my husband and I had gotten into a heated arguement,which lead to me hitting him on the face with a 1/2 inch thick book, and a torn t-shirt, and when I called 911 out of anger, more than out of fear, the dispatcher automatically sent officers to our house. 1 out of the 4 officers decided it was necessary to arrest both of us for domestic violence, even when I told the dispatcher that it was really an over exaggerated case, and that we had calmed down and decided that all was over and done with. Medical attentin wasn't even needed. What will I have to worry about for the future court date, and is there anything legally I can do to punish this one officer for trying to set an example without even considering what the consequences of the possibility of breaking my family up.


Asked on 8/26/03, 3:16 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Husband and wife arrested at the same time for

Max $500 and six months in jail, designation of domestic violence in the offense. Third domestic violence is a felony punishable by imprisonment up to 5 years. Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

Your question indicates that all elements for conviction of domestic violence are present. Therefore, there is nothing you can do about the officer other than complain to his superior.

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Answered on 8/26/03, 4:28 pm


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