Legal Question in Criminal Law in Montana

Partner/Family Member Assault

If a person with Bi-polar disorder is charged with Family Member assault, the family did not press charges, the officer did. family members did not complete report and stated from the beginning that they wanted to have psych center involved,not arrest, but charges were still pursued-what can family do to move on and dismiss charges (if anything)?


Asked on 11/09/06, 7:42 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Partner/Family Member Assault

I don't know how one would do this without an experienced criminal attorney, but the bottom line is that bi-polar disorder is a recognized psychological malfunction. The bi-polar person is incapable of controlling bi-polar incidents and the fault lies with whomever engaged that person in a bi-polar moment. An experienced lawyer should be able to present that defense to the court; a layman I would expect to have great difficulty. Bi-polar disorder is not well understood by the general population, and those with the disorder are frequently viewed as just being violent people. Get professional help, as a conviction for domestic violence carries harsh consequences.

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Answered on 11/09/06, 9:46 am


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