Domestic Violence Harassment Defense

Summary

The user is facing a DV: Harassment charge in Alabama, following a domestic argument with his wife. The police arrested him based on their assessment of the situation, despite his wife not filing a complaint. The user is currently suspended from work and unable to contact his wife, causing financial hardship. His court date is set for November 9th at the Marion County Alabama Courthouse. He has not yet been assigned a court-appointed attorney and is unsure how to request one. He was advised to file an Affidavit of Substantial Hardship to request a court-appointed attorney before his arraignment.

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I have a domestic violence: harassment case that was filed against me. I need some information about defense
What specific charges have been filed against you, ****?
DV: Harassment
What is the nature of the harassment allegations against you, ****? In Alabama, DV: Harassment is a Class C misdemeanor, punishable by up to 3 months in jail and a $* fine.
My wife and i had an argument and were both upset and yelling. No threats were made but she called the police.
What was the police's response when they arrived at your location, ****?

In Alabama, for DV: Harassment:
- Class C misdemeanor
- Up to 3 months in jail
- $* fine
They spoke with both of us, and saw that my wife was visibly upset. By now i had left the room to deescalate the situation, and she explained i had not hurt her, but the police arrested me
Did your wife file a formal complaint against you or was the arrest made solely based on the police's assessment of the situation?
Soley because of the police assesment. My wife did not file a complaint, and even explained she never wanted me arrested
Did your wife provide a written statement to the police stating she did not want you arrested?
No, she was not given that option
Did you have any witnesses present during the argument who can vouch for your behavior?

In Alabama, a DV: Harassment charge can be defended by proving the lack of intent to harass or harm.
Only my wife, who i am told wishes to do that
Did your wife express her willingness to testify in your favor in court?
Only to our family
Did your wife express her willingness to testify in your favor in court to the police or any legal authority?
Not yet
What is the current status of your case? Have you been assigned a court date yet?
Yes, court date is November 9th. Currently i am not allowed to comtact my wife and am suspended from work. My wife does not work, so it has created undue hardship on our daughter
What is the name of the court where your case will be heard?
Marion County Alabama Courthouse
Marion County Courthouse is located at * Military St S # *, Hamilton, AL *, USA. You can contact them at +* *-*-*.
Is there anything further i can do?
Have you hired a lawyer to represent you in court? In Alabama, a good defense strategy can help reduce or dismiss the charges.
With no current income due to my suspension i have to wait for a court appointed attroney
What is the name of the court-appointed attorney assigned to your case? In Alabama, public defenders can help build a strong defense strategy.
I do not yet have one
When will you be assigned a court-appointed attorney? In Alabama, it's crucial to have legal representation to navigate the complexities of a DV: Harassment case.
I do not know how to request one before the court date
You can request a court-appointed attorney by filing an Affidavit of Substantial Hardship in the court where your case is pending.
Can i do that before the arraignment?
Yes, you can request a court-appointed attorney before the arraignment by filing an Affidavit of Substantial Hardship.