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so what should I do at this point? truth be told, I was the one who was slapped and when I threatened to call the police she waited till I left then called them first. anyone? |
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Get a lawyer. Get a lawyer. Get a lawyer. Fight this charge. File counter charges. It will hurt you long term. And in the end - DO NOT GO NEAR HER. Have a witness at all times. Get a friend, anyone. |
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Get a copy of the report and get a lawer. |
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I'm keeping my distance, she's calling me at work. she must have received the same instructions to do the same right? |
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it'll have to be court appointed. she left me with my two kids and we stretch it as it is. |
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Same thing happened to me. STAY AWAY FROM HER! Get a lawyer, get a hearing date to answer the charges. Tell the truth and let the judge sort it out. People in the court system have heard it all and are actually really good at seeing and sorting the bullshit from the truth. If there is a restraining order, there was with me, DO NOT answer her E-mails, phone calls, or any other communication. I know it sucks, I spent a month sleeping on the floor at my brothers house, had to buy clothes to get me through, etc. Time will wort it out and truth will prevail. Good luck. |
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This is a nasty piece of leverage women have at their disposal in divorce. You need to take this seriously. You need to find an attorney and go over a copy of the report with him. |
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she left us...fortunately I stayed with the kids and the house. I do hope the courts will see this for what it is. |
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it will be expensive. No doubt. The hearing cost me about $2500.00 to answer in atty fees. Not to mention the added expense of taking time off work to go to court, buying basics like clothes, etc to get me through, but in the end I don't have a DV conviction, I got back into my house, and my credibility with the courts was not damaged. Do not, repeat, do not file against her. The courts will see this a retaliatory and discount it out of hand. Keep your head. Stay focused on the important things, your kids and whats best for them in the long run. |
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like I said, I have no money to put into this. hoping the courts will appoint some one with at least half a brain. it's funny you should say that about not countering and pressing charges on her. this is exactly why she's doing this to me. I was the one got slapped and while walking away I told her I would call the cops on her. I was advised to wait till I have this cleared then counter. |
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Immediately go to the police and get a copy of that report, it's free. If there was a call get that, probably $75. Get the officers's names and the one in charge of the taped calls. All those things are inadmissable without them to predicate the evidence in court. You will have to subpeona them, about $75 each. Get the address from the cops where to send the subpeonas. Do this right away a hearing is in 30 days or so, sometimes little as 10. The police only hold these things 30 days or so. Subpeona's take time to get received etc. Was an EMT sent, she went to hospital? If not no proof of injury. Get a copy of her sworn statement from the cops, you may have to subpeona that. If the report looks like the cops beleived her you'll need to subpeona them for deposition before court to discredit her story with lack of proof. You weren't even there when they came right? You need a timeline to the minute for court. And you really need a lawyer with experience with false DV reports. The good part is you have your children. YOU NEED A LAWYER, get your credit card out and pay now or you will pay for the rest of your life! You need to immediately claim abandonment by her. Don't counter file the same thing, but you need to let the judge know what really happenned. The hearing on this will probably be ten minutes, five for each side. Not enough for the truth and the judge will er on the side of caution. Use that to your advantage. File an objection to her motion and file your own motion for restraining order and explain what really happenned, she is violent and self destructive, dangerous to the children who you are now trying to protect. Notice it to be heard at the same time her motion is. Give the judge the option of giving you all some releif from her instaed of just trying to defend yourself against one of a woman's best weapons. Change the locks immediately and no contact with her. If she even shows up call the cops immediately and stay inside. Lock you and the kids in a room if she breaks in, it's legal but won't look good. Motion for her psych eval. The court will pay for this stuff. Do this BEFORE you have a heariing on her motion against you. Proven false DV reports often cost the woman custody, but she must be proven to have taken an officer off the street for a lie, if there's a gray area the judge will allow her lies because she was upset. You on the other hand if lying will lose your children and your assets, maybe you will anyway. The bottom line is that this is a terrible thing to have on record that will be used against you forever, but if you do everything exactly right this is the kind of mistake on her part that could allow you to get rid of her without losing everything. Good luck you'll need it. |
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She filed a domestic violence charge against you, and left you with the kids???? That in itself lends credibility to your side of this in my opinion. There are a few good guys here that this has happened to, and they are the best ones to give advice. Listen to them. No matter what your financial situation is.....follow up on this immediately. Don't let that stop you. It can work out in the end.....it did for some of the guys on here, but you need to address it immediately. |
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You need an attorney, whether you can afford it or not. Her ploy is a common one; even though she abandoned the kids, this is her "in" to get them removed from you, and into her custody. I would expect a family court summons anyday, for an emergency custody hearing. |
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know what makes me SO angry about this? is this is one of the reasons i did NOT call the police or even try! (also i was afraid he'd lie and say he DIDNT hurt me or our child) because people make stuff up, the other people are afraid no one will believe them. you know what else? ill be it's mostly FAKERS who DO call. cuz i never did and i should have, but i was afraid no one would care or believe me. and i think that's oftne the norm in real situations of abuse. in fact i was called out for NOT calling the police or going and getting checked when i should have. when i said i was too afraid....the questioning person just stopped. i think, maybe, just maybe they know when youre too afraid to go..THATS when things are real. what a biotch. when i WAS hurt and i DID leave (just to friends houses) i ALWAYS took the kids! who would leave kids with an abusive person? |
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I'm told I can't get copy of the report because it's still under investigation. the thing with my wife leaving isn't something that just happened, she took off two years ago. in this time she had an affair and has been just in and out of our lives. mostly out. I don't have resources to pull from to get a lawyer...that's why I'll ask court to appoint one. just in the past few days before this, I had come to grips and decided to press forward with the divorce...and now this. she's never wanted to take the kids...I guess it's the only smart thing she's done thus far. |
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Get the case number. Get the officer's names/badges. Get the call recording. These will be available. Get the names of everyone you speak to. Call the officers, find out when they will file their report. Be nice and calm and tell them very little except that you did not touch her and you expected this hence that is why you need their report to defend yourself. Speak to a supervisor but very nicely, explain what a bind you're in and ask for their help. Cops usually file a few days after the call, maybe they aren't so sure that she wants to file a false report and are giving her a chance to back out, it is a felony. They will still have to file some report, unfounded allegations if she backs out is OK. Pick up the phone book and find a lawyer that gives free initial interview and tell him what you've posted here. Legal aid society refers lawyers at cut rates. Your motivation is only the safety of the kids. If you wait it will be too late and instead of this being to your advantage it will be being used against you, you will have to have proof that you didn't strike her. How hard is that? You have heard it from everyone here GET A LAWYER! I won't bother answereing again. Your problem is serious and not one that can be resolved here. If you do not heed the advice of experience here then don't blame her for being what she is, you are reponsible for the consequences. |