TRIBUNAL DE CHALON – Domestic violence, and a mystery: traces of alcohol in the baby’s blood

He is 28 years old, he was tried for violence against a wife in the presence of a minor, this Monday, November 7. He explained: “When you are told x times that the child is not yours, that you are spat on , that you take potatoes, well…”

The facts that brought him to the box for immediate appearance occurred on November 1, in Chalon, around 6 pm There had already been an argument the previous day (because he had taken cocaine, he had to spend the night elsewhere). It must have been a lot since the gentleman got out of prison over a month ago. On November 1, caused by screams and shock, the neighbors were alerted, who called the police.

A horror with a baby ahead

These two have been together for a year, their son is 4 months old. His mother held him in her arms as he and Monsieur insulted each other and fought. He threw his phone on the floor, angering the defendant.
He would have tried to strangle her, “the only act of violence which is reproached to sir”, pleaded master Reynaud, but madam maintained her testimony. Madame Malinois bit Monsieur on the leg. Madame passed her husband outside, she kicked the door. In other words, a horror with a baby ahead. The baby’s medical examination concluded that he was fine, but he had a blood alcohol level of 0.1 grams of alcohol per liter of blood and no one understood the cause of this level, which was admittedly very low, but.

Provisional placement order for this child

In all of this, the prosecution obtained an order for the temporary placement of this child, “perhaps at risk”. We are witnessing the dissolution of a small family unit. Charge for the gentleman: the act of choking, insults that included death threats, and a decibel level and anger that alerted the neighbors (who alerted the police). Maître Marceau for the victim, as well as Cyrielle Girard-Berthet, deputy prosecutor, will not fail to insist on this. “Children are sponges, they feel everything,” pleaded the lawyer.

Doubts are being raised about paternity…

“This 4-month-old baby who didn’t ask for anything” added the prosecutor, who believed that doubting a man’s paternity could not justify raising his hand… It could not justify him in the eyes of the law, of course, but as a push-to-crime, we are in the top 3, there. It is difficult to inflict in words a stronger wound on a man who attaches himself to a little child as his own.

“Madam committed violence – but only Monsieur was warned

Maître Reynaud pleads to exculpatory evidence. “Madam committed violence, but only the gentleman was warned, judging by the scale of his criminal record. The defendant has 9 convictions, many for damage, many for narcotics offences. He is on drugs for about 10 years, taking substitution treatment for 5 years.

“It has 3 days of ITT, so there is doubt”

If the prosecutor requires 24 months in prison, of which 10 months will be accompanied by a probationary reprieve, as well as a partial revocation of the two current reprieves, that is, 2 times 2 months (which will be stable at 18 months), the lawyer pleaded. for acquittal in the name of mutual violence. “Madam, sir, has no days of temporary interruption of work (ITT), she has 3 days of ITT. So there is doubt. I plead for acquittal, or the lightest punishment possible. Julien Marceau requested that the baby be identified as the victim, which the defense opposed.

12 months firm

The court found the gentleman guilty of all the charges against him, sentenced him to 8 months in prison with continued detention, and revoked the suspended sentence twice and ordered immediate imprisonment. That’s 12 months in prison. Additional penalty: prohibition of any contact with Madame as well as presence in her home, for 3 years (6 months imprisonment). The probationary suspended measures in progress will continue once he is released from prison.

“Your son”

The court said she had no reason to revoke her child’s parental authority. No one at the hearing mentioned this devastating violence that had to be thrown at a man denying his paternity, but the court, he, seemed to think about it and referred to the violent and painful person at the same time: “The not the court forbids contact with your son. » The father who kept his eyes down then made a small pouting that seemed to say: « Ok, but it’s a disaster, there. »
Second important nuance introduced by the judges: he was declared fully responsible for the damage suffered, but the court only gives the lady a small third of the requested amount. Finally, give the baby 100 euros.

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