- Jurisdiction
- Texas
So my fiance and I got into a ridiculous fight with various objects being broken (not thrown though) and involved one of us wrestling away a baseball bat and 2 incidents of biting. Now, we had told our son (not my son by law) to go to his room for a while but at one point upon returning to our home from outside he saw us come through the doorway, one of us with our arms around the other, wrestling away an arcade stick (to prevent it from being destroyed). As far as I was aware, our son never saw anything other than that and we soon stopped the scuffle. One of us threatened to call the cop at one point and then the other called the cops claiming violence..etc. So the police show up and we are already cooled down and ok and didn't want to answer the door until they threatened to beat it down. So they patted one of us down and forced the 2 of us to sit, in separate locations. We both told our stories,I personally had a hazy memory and it took a long time to get the stories lined up. Eventually they handcuffed us both and took us to the station. The police officers at no point warned us of our miranda rights and the both of us were told by officers multiple times that this was more than likely just going to be thrown out. We were both charged with "Assault Bodily Injury Family Violence" with a $2500 bond. I was released for $75 the next day because I had never been arrested. I bailed the other of us out the same day.
Of course neither of us feel our behavior was at all acceptable but in our personal opinion we really don't see it as anything the law has any good reason to get involved with except to extort money. On the other hand we do deeply regret that our son saw us in that particular moment, thankfully he was never scared, just alarmed, and was immediately playful and friendly after it was calm. There is no excuse for him to have seen any of that, whether you consider it violence or not. My significant other's sister came to pick up our son after we were taken away.
CPS is coming for a visit in 4 days and we are terrified by all we have read about them. We are currently living in a 1 bedroom apartment with the living room as his bedroom, this is only temporary and a means of staying afloat as we build our new business (which is thus far successful, still a ways to go). Some say we should avoid letting the CPS into our homes at all costs as there are a lot of case workers that will twist and use anything you say against you, as well as claim an emergency to take your kid at any time, others say to comply and answer all questions...I don't know which. We will definitely be recording anything that takes place. We have also learned it is likely they will take him from school to interrogate and manipulate him into saying anything they want. Are we legally aloud to be present if our son were to request to call us before leaving with them? Can he refuse to go with them? Any psychopath with a nice enough record and college can become a CPS caseworker and many people have unjustly had their families torn apart by them. How cooperative should we be? Should the wife and son stay at a friend's house as a means of showing intention of repairing our relationship (even though we both feel we're on a great start)? What can we expect from their visit?
I understand a lot of these questions are for an attorney for the charges we recieved, probably for the CPS visit as well. But we don't have the money for one and should have plenty of time to educate ourselves. I personally am fine with going to jail instead of paying them a penny for this. Everybody knows our legal system is disgusting. What do you think we are looking at and what actions we should take?
Of course neither of us feel our behavior was at all acceptable but in our personal opinion we really don't see it as anything the law has any good reason to get involved with except to extort money. On the other hand we do deeply regret that our son saw us in that particular moment, thankfully he was never scared, just alarmed, and was immediately playful and friendly after it was calm. There is no excuse for him to have seen any of that, whether you consider it violence or not. My significant other's sister came to pick up our son after we were taken away.
CPS is coming for a visit in 4 days and we are terrified by all we have read about them. We are currently living in a 1 bedroom apartment with the living room as his bedroom, this is only temporary and a means of staying afloat as we build our new business (which is thus far successful, still a ways to go). Some say we should avoid letting the CPS into our homes at all costs as there are a lot of case workers that will twist and use anything you say against you, as well as claim an emergency to take your kid at any time, others say to comply and answer all questions...I don't know which. We will definitely be recording anything that takes place. We have also learned it is likely they will take him from school to interrogate and manipulate him into saying anything they want. Are we legally aloud to be present if our son were to request to call us before leaving with them? Can he refuse to go with them? Any psychopath with a nice enough record and college can become a CPS caseworker and many people have unjustly had their families torn apart by them. How cooperative should we be? Should the wife and son stay at a friend's house as a means of showing intention of repairing our relationship (even though we both feel we're on a great start)? What can we expect from their visit?
I understand a lot of these questions are for an attorney for the charges we recieved, probably for the CPS visit as well. But we don't have the money for one and should have plenty of time to educate ourselves. I personally am fine with going to jail instead of paying them a penny for this. Everybody knows our legal system is disgusting. What do you think we are looking at and what actions we should take?
