Does a persoon lose their HCP for good if.....?

[Guest archerdr1]

If I am not mistaken, since this was a domestic violence assault, the leo had to arrest you (at least that is what we were told in Chattanooga Police Academy). that first officer 1. may not have known that and the second one did, 2. may not have thought about that and the second one did, or 3. I may be wrong. It is my understanding that since there were so many DA cases in which the person did not want to press charges b/c "bubba loves me and he didn't mean it and I don't want him to go to jail" and an hour later the Police were called back to the same address, this time to pick up a dead wife/girlfriend, so they have a rule, IIRC, that they must arrest you for fear that someone will cry, "If you wouldn't have let him stay, she would still be alive".

[BlackHawk93]

That IS the law. Where DV is present SOMEONE is going to jail. End of story.

[Guest archerdr1]

that's what I thought. Thanks for reaffirming that for me!

[Guest Sgt. Joe]

I would suggest getting one and considering this not an area to skimp on. Even though it was dismissed, the DOS sometimes looks for arrests and requires you to provide proof of what happened. Also, if you are under any kind of order, as you mentioned, for a year, it could come back to bite you down the road. I would do ALL I could to get this cleared up legally now to prevent any future problems from biting you. There have been those on here who have had to go back years to prove a "bad check" charge was taken care of. And with domestic violence being an area which will cause you to have problems with obtaining an HCP, I wouldn't want to risk it. Good luck.

I AM the bad check guy.

"I" had to go back and make sure a county in FL fixed a simple record keeping error. And as simple as it sounds, it sure wasnt. Without a friend who happens to be the Police Chief in the city where it all occurred I am not sure I could have made them fix it on my own.

20+ years old and not even a disqualifier.....But DOS would not issue until I had it fixed.

I am sure sorry to hear of your situation and hope you can work it out and not have to do without protection for a year.....or more.

Maybe you can contact one of our member lawyers for some help.

All the best to ya.

[Fallguy]

I have to say getting copies of the paperwork showing the DV charged dismissed is a very good idea.

It will be easier now while it is still recent.

Others are right...the arrest liable to show up in the future, but the outcome may or may not.

[Guest rj8806]

If I am not mistaken, since this was a domestic violence assault, the leo had to arrest you (at least that is what we were told in Chattanooga Police Academy). that first officer 1. may not have known that and the second one did, 2. may not have thought about that and the second one did, or 3. I may be wrong. It is my understanding that since there were so many DA cases in which the person did not want to press charges b/c "bubba loves me and he didn't mean it and I don't want him to go to jail" and an hour later the Police were called back to the same address, this time to pick up a dead wife/girlfriend, so they have a rule, IIRC, that they must arrest you for fear that someone will cry, "If you wouldn't have let him stay, she would still be alive".

According to what I could find out, the arrest happened because my son had a "mark" on his left jaw from where I clocked him. Had he not had a "mark" on him, I would not have been arrested.

Your #3 scenario is valid and is the same thing I was told while locked up, talking with the officer who was processing (booking) me. but he also added what I said in my opening paragraph.

Since I can have no contact with my son, my wife is working on trying to get him to drop the order of protection. He has had a colorful past but nothing like this has happened before. I believe he is just holding this over my head out of spite. He has continually tried to drive a wedge between me and his mother (my wife) for the last 16 years and I finally had enough and asked him to leave (move out of my house).

I admit I was wrong for clocking him but I still contend I was protecting myself as he charged at me to swing on me. I just happened to get the first (and only) lick in.

I want to thank everyone who chimed in and offered their opinion on this.

[DaveTN]

Had he not had a "mark" on him, I would not have been arrested.

Don’t bet on it.

As a former cop I’ll be the first to say our domestic violence laws are not fair. People need to understand that before they call the cops to handle their family problems.

Discretion was taken way in the 80’s when “family Fight†calls became “Domestic Violenceâ€. I never liked going on them. Many times I ended up booking the person that had called. Or like in your case booking someone into jail for something that should be handled by the family; not the court system.

I saw our discretion taken away on DV calls and DUI’s. It was not going to end well for you if you were a suspect in either.

[Fallguy]

My understating is if there are any signs of violence an arrest must be made.

Signs of violence can include broken objects not just marks on the other person.

EDIT: 36-3-601(1) says Abuse "means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor"

36-3-601(5) says a Domestic Abuse victim is:

1. Adults or minors who are current or former spouses
   
2. Adults or minors who live together or who have lived together
   
3. Adults or minors who are dating or who have dated or who have or had a sexual relationship, [as used herein “dating†and “dated†do not include fraternization between two (2) individuals in a business or social context
   
4. Adults or minors related by blood or adoption
   
5. Adults or minors who are related or were formerly related by marriage; or
   
6. Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E)
   

36-3-619 says the preferred response of a LEO is an arrest if he believes a Domestic Abuse situation has occurred

So there are lots of things that can mean abuse besides there actually being a mark on someone.

Edited April 29, 2010 by Fallguy

[Guest rj8806]

Just wanted to post a quick update....

I received a letter from the state asking that I surrender my permit within 10 days (I had already surrendered it at my arraignment) and it also stated that if/when the charges are dismissed on the both the assault charges (they have alredy been dismissed) and the order of protection (that is being addressed today), I can get my permit back.

I expect I will have to get copies of the dismissal papers from the court and submit them back to the state in order to get my permit back, but it looks like I am on my way to regaining my permit.

I also would like to thank everyone again for the input/advice.

[Fallguy]

Good deal make sure and let us know what the final outcome is.

[dralarms]

Don't know how I missed this but I would have clocked him also.