Wednesday, February 3, 2016

Is an Expunged Prior Arrest Admissible in an unrelated Domestic Violence Case? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Is an arrest from GA that was Nolle Pros'd and restricted admissible in a FL domestic violence case?   In May 2015, I was arrested in GA and charged with a violation of O.C.G.A. 16-7-21(a). I was offered to complete a court diversion program in exchange for the charge being Nolle Prosequi and record restriction.  In 2013, GA changed its laws regarding record restriction/expungement. According to GA Justice Project.org, "GA’s new law, effective July 1, 2013, does not use the word “expungement.” Instead, the process is now referred to as “record restriction.” Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes."   In August, I relocated to FL, so that I could be closer to my children, who were living with my estranged wife. Since then, my estranged wife and her mother have progressively made it more difficult for me to contact and have visitation with my children. They recently contacted DCF and filed an injunction claiming that I am an abusive parent and assaulted my estranged wife's mother, which are patently untrue. My estranged wife mentioned the arrest in GA on the injunction in an effort to establish a pattern of violent behavior.



A:     Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL



2

Lawyers agree
Best Answer
chosen by asker
Answered . You have no control over what anyone alleges in an affidavit in support for a DVRO. They can (and do) make claim to whatever they like, ex parte, with no check valve,

The question of admissibility is another matter altogether and is one for your lawyer to challenge at the hearing on the permanent order.

Unfortunately, without proper procedural and evidentiary challenges during a hearing the adverse party can (and will) get otherwise inadmissible evidence entered. This happens all the time.

If you want to increase your odds at ensuring that inadmissible evidence remains inadmissible then hire a lawyer. There are no competent quick on-line YouTube tutorials on DVRO defense litigation or "how to keep inadmissible evidence out". It takes skill, training and years of experience to understand and utilize the nuances of litigation work.

Again, hire a lawyer and your odds at a favorable outcome will exponentially increase.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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