Restraining order, arrest for assault

[airwidow]

My husband is a professional pilot that flies for a fractional airline. We are now separated. Thursday night he got drunk and beat me up. I was advised to take a restraining order and assault charge out against him, which I did. They have not been served yet because he is out of town flying. He called me today begging me to drop the charges. He said if he is even arrested, (not even convicted) that he will lose his international license and then lose his job. Is this true? He needs to pay for what he did, but obviously if he loses his job my children will ultimately pay because he can't pay child support. I would appreciate any info. about this, I am due to go to court in the morning.

[Dantilla]

Tough position to be in.

My first thought is that you need to protect yourself, and continue.

Only you know your husband. IF you are sure that this was a one-time incident, AND he agrees to never come around you again, I may give him the benefit of the doubt ONE time.

If there is any possibility AT ALL that there may be a repeat performance, there is no way I would drop charges.

Your safety is far more important than any paycheck.

[Denny of Oakland]

I am not the right person to answer your question only you and the childern are. However here is the TSA rule your soon to be ex is referring to.

Title 49 Code of Federal Regulations
TSR 1544
Disqualifying criminal offenses

Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations

49 C.F.R. §1544.229 Fingerprint-based criminal history records checks (CHRC): Unescorted access authority, authority to perform screening functions, and authority to perform checked baggage or cargo functions.

§1544.229 Fingerprint-based criminal history records checks (CHRC): Unescorted access authority, authority to perform screening functions, and authority to perform checked baggage or cargo functions.

Link to an amendment published at 71 FR 30511, May 26, 2006.

(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed in this paragraph in any jurisdiction during the 10 years before the date of the individual's application for authority to perform covered functions, or while the individual has authority to perform covered functions. The disqualifying criminal offenses are as follows:

(1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—
(i) Willful destruction of property;
(ii) Importation or manufacture of a controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d).

[RH1]

Originally Posted by airwidow

I was advised to take a restraining order and assault charge out against him, which I did.

This suggests that you did not call the police after suffering this beating? Normally when someone is beaten up the police are called and an arrest is made on the spot. You were "beaten up" 4 days prior to posting on this forum and you are still wondering if you should have him arrested?

Surely you were hospitalized, didn't the hospital notify the police?

Please keep us advised as to the financial settlement you receive since that seemed to be your primary interest.