Assault & Battery assault by contact

[txmom57]

need advice, my son was Ticketed for "assault by contact". He never touched her, she actually jumped him from behind, he just yelled at her, . We had asked for Civil stand by to be present, was told by dispatcher that they only had one officer on duty that day, his ex shows up, refuses to hand over child, starts calling him vulgar words, I go call the cops again to get them out there, She finally turns child over, attempts or acts as if she is going to run over him, he side steps putting our vehicle between him and her. While he is putting the child in the vehicle so we can leave, she stops her vehicle jumps out and attacks him from behind. He never lays a hand on her, she threatens to hit me again, she has in the past, same town, This time I see her slap her own face, The police won't listen to me when I try to tell them she attacked him, They give him a ticket for assault by contact. They try to talk him into nolo contendre, I have taught him never accept responsibility for what you didn't do, but always stand up and take your consequences if you did it. Back ground is, she attacked me and 68 yr old granny a few years back, I pressed charges, They allow her to plead down on domestic violence to criminal mischeif and then no process the criminal mischeif. Next thing I know, I am told to turn myself in because of warrant on me for assaulting her, I go turn myself in, post bail, go to court about 5 times, they offer me two yr deferred adjudication, I say no. give me my trial, told to be ready for trial in 30 days, then two days prior, my bondsman notifies me it is all over. Charges dropped due to lack of evidence ( they were trying to prosecute me on my own bruises.) If I want my record expunged have to hire an attorney. Can't retrieve any of the information about the charges against her as it never went to court. Can't recover my evidence from this county or p.d. Now she had abuse charges filed on her over the child prior to this incident and has worked it around to having assault charges filed on him. He has a court date soon for pre-trial, where he will plead not quilty again. He doesn't have money to retain a lawyer although he is working, will he be entitled to court appointed, what should we do, should they take into consideration this woman has pulled this same stunt in the past and the fact that they had to drop charges against me over accusations from the same individual. What should we expect at the pretrial. Need advice real soon as pretrial is just a few weeks away. It is being held in city court.

 

[seniorjudge]

http://www.thelaw.com/forums/showthread.php?p=27410&posted=1#post27410

Is this the same situation?

 

[txmom57]

http://www.thelaw.com/forums/showthread.php?p=27410&posted=1#post27410

Is this the same situation?

This is involving the same individuals yes.
The lawyer I was refering to on the other post is supposed to be fighting to get custody of the child. And yes, I had told my son not to put himself in a position that she could pull some crap like this, but for all your best planned efforts I guess you never expect to be attacked from behind. I just want to know if they can actually pin assault by contact on him when he never touched her. Texas law also states that anyone convicted of an assault cannot be given custody. But seems the law only applys to us, if someone is trying to use it against us. This whole ordeal has taken ever moral value and sense of decency I 've ever had and just about ripped it to shreds.
I've fought hard over the years to teach my son right from wrong, make him own up to his mistakes, taught him early on, you get a girl pregnant and your pregnant too. He never had a male father, I was mother and father both. I taught him, you work hard, follow the law, treat others as you want them to treat you and you will do fine in life. At the end of the day, you can look yourself in the face and be proud of who you are. Now I am beginning to see that only the crooks come out on top. But I am proud to say, my son is an excellent father, he has never hurt his child or anyone else young or old. He has never had a drinking thing, or done drugs, he doesn't even smoke. Now I have to stand bye and watch this situation destroy him, us, and his relationship with his son. Now I can understand why so many fathers just give up and walk away. The women of this world need to wake up, there is no immaculate conception. Maybe if they weren't so diviant, there wouldn't be so many so called dead beat dad's. Right now my main worry is that he will have this false charge stuck on him. I am just sick of it. Oh by the way, I do know it is false and they know too, because they have already been down this road when she attacked me a few years ago.

 

[seniorjudge]

Immaculate conception refers to the Virgin Mary's conception without original sin.

I think what you meant was, "there is no virgin birth."

 

[txmom57]

No, I didn't mean virgin birth. I meant that the child doesn't just belong to her. She was certainly no virgin before she became pregnant. I mean that I am sick and tired of the law and cps and others refering to him as her sole property, it took two to create him, two mortals, and it wasn't artificial insimination or however you spell that. He is not property. He has a father that loves him, wants him and doesn't abuse him. Yet everyone acts as if The "mother" is above reproach, allows her to wreck everyone's life she comes into contact with and totally ignores the fact that she hurts this child.
I am sick and tired of Females that act like the children are weapons to be used to get the men and extended families to dance their tune. I am sick and tired of hearing about deadbeat dads and people overlooking the she devil that drove the dad away. I am sick and tired of grandparents being used for an instant bankroll and free babysitters until the parent doesn't get their way on something and then they throw their little temper tantrum's and make false accusations, and just because "that Female" can turn on the tears and act so damn helpless, they think oh the poor little dear. A lot of these women make me ashamed to belong to the same gender. So what ever I meant I sure didn't mean virgin Birth. So for the women reading this, Yes I am a woman, Yes I am a mother, Yes I raised my child alone 90 percent of the time, Yes I have been married more than once, No, I didn't receive child support, No I didn't live on welfare , No I didn't hide the child from his father, No I didn't keep him away from his grandparents, except my mother's home as she was married to an abuser the first time and a child molester the second time. If she wanted to see him she came to my home and I supervised the visit. Just being the mom doesn't make you the best choice for custody. And the lawyers and judges and police need to get into the modern world and start enforcing the laws we already have in place and realize that not all mothers are the best choice for the children. So anyhow this is way off subject, can you offer me any advice on the original question. I have to carry this child back to her tomorrow and it breaks my heart to know that I can't protect him from the abuse and what infuriates me is that no one cares that he is being abused by his mother.

 

[CdwJava]

He never touched her, she actually jumped him from behind, he just yelled at her

Fortunately for him, a citation is not a guilty verdict and it is not evidence. If it is her word against his, then it may go nowhere. He should probably consult an attorney.

We had asked for Civil stand by to be present, was told by dispatcher that they only had one officer on duty that day

That happens. In my agency a few years back we had so many civil standby requests on Fridays and Sundays that we had to stop attending all of them as it tied up our officers for hours just responding to and "documenting" civil complaints ... "he was late" ... "She looked at me funny ..." Since the matters were generally not police issues anyway, we stopped responding to most such requests.

While he is putting the child in the vehicle so we can leave, she stops her vehicle jumps out and attacks him from behind.

So you might well be a good witness for the defense. However, if the prosecutor believes her account of the tale and actually pursues the matter, your testimony might not be considered TOO reliable as there will be a perception that you are biased in favor of your son.

I recommend people video tape their exchanges for just this reason.

what should we do, should they take into consideration this woman has pulled this same stunt in the past

The defense attorney - be he private or paid for by the state - can certainly use any of this information in an effort to discredit the victim. However, your past can also be used to discredit your testimony. Ultimately, if it is pursued, a judge and/or jury will have to decide who to believe.

- Carl

 

[CdwJava]

Yet everyone acts as if The "mother" is above reproach, allows her to wreck everyone's life she comes into contact with and totally ignores the fact that she hurts this child.

What PROOF is there that she hurts the child or allows the child to be hurt? What you and your son believe to be injuries inflicted upon the child while in her care may not be conclusive enough to prosecute or seize the child. My sons - even when they were infants - frequently were bruised and battered because they were boys. The mere presence of a bruise is not conclusive evidence of any criminal act.

And the lawyers and judges and police need to get into the modern world and start enforcing the laws we already have in place and realize that not all mothers are the best choice for the children.

The police have to act on the status of what the law is. Lawyers make arguments on the interpretation of the law. Judges affirm the interpretation of the law. Of the three, the ones with the LEAST amount of flexibility in interpretation and action is the police. If you disagree with the law or how it is applied, speak to your legislature - not the police. The police don't make the law - and neither do the lawyers, for the most part. Judges may carve out an interpretation, but that is based upon precedent and existing law. They may have little choice without changes to the law. So, to effect change, railing against those who must adhere to the law as it stands is not the way to go.

So anyhow this is way off subject, can you offer me any advice on the original question. I have to carry this child back to her tomorrow and it breaks my heart to know that I can't protect him from the abuse and what infuriates me is that no one cares that he is being abused by his mother.

What abuse are we talking about?

As far as how to do it, bring an OBJECTIVE witness (at least a friend, if not totally neutral) and have the friend witness and videotape the exchange openly and in a public place. Don't hide the camera as that could get you in trouble for covert recording depending on the laws in your state. But openly recording (audio and video) the exchange in a public place should generally going to be okay.

- Carl

 

[seniorjudge]

...As far as how to do it, bring an OBJECTIVE witness (at least a friend, if not totally neutral) and have the friend witness and videotape the exchange openly and in a public place. Don't hide the camera as that could get you in trouble for covert recording depending on the laws in your state. But openly recording (audio and video) the exchange in a public place should generally going to be okay....

Good advice.

 

[txmom57]

What PROOF is there that she hurts the child or allows the child to be hurt?

This child is only three yrs old. Before she took off with the baby, she would only change his diaper once or twice a day if she done that much. He always had severe diaper rash. She would leave him in the house unattended while she went to the neighbors house. She had never dressed him properly for the weather.
He has had a black eye, from crawling on the floor at ten months old, just the socket of the eye, no protruding points were bruised or bumped, In her words it is not her fault he was crawling around in socks and the floor was slick and he slipped. (the explanation doesn't fit the bruise)
I helped raise my brothers and sisters, Mom had 10 living children and I was second oldest girl, so I do have some experience there besides my own child. Anyhow saw the baby with the black eye just a few days after she attacked me and destroyed a 600 dollar camera, and karate chopped her 68 yr old grandmother knocking her against the car, causing the old woman to fall to the ground. I had just had a heart procedure done about a month before that, an angiplasty, I can't spell it but that is close enough, where they run that scope up your from your groin area to check on stints and blockage.
She calls him a bast@@d. She calls him a pervert, from the time he was very tiny. She has kicked at him hitting him in the face cutting his nose with her toenail. I have pictures of his nose and the cut.
He was a 9 pounder when he was born and she has always jerked him around by one arm, lifting him bodily by that arm. We found out one night when the arm popped out of socket, that it had already happened three times prior and she openly admitted she had not sought medical attention. She also failed to take him back for the follow up exrays the e.r. doctor wanted.
She has never once said that she almost broke her neck tripping over him but instead has stated many times that he was so clumsey always tripping over her feet, to explain his many head bumps and bruising. Every time we get him, he tells his daddy that mommy slaps him in the mouth, or mommy grabbed his arm and hurt it.
I have pictures of his little arm, with her fingerprints on it. The child told the police his momma done it. The third time she done this to him, She even showed me his arm and the bruises and blatantly stated she done it, Said they were playing horsey and she had to grab him to keep him from falling. The same day and time, she also pointed out his busted lip and said he got that by trying to head butt her and missed.
Everytime we get him, no matter what time of day or night, he is hungry, he has actually lost two pounds from what he weighed in Aug 05.
She has picked up three times now, and left all his clothing, toys and food behind. According to the child Mommy threw his toys in the trash.
When the child accidently drops something, spills or breaks something, he immediately cringes, goes to crying, begging daddy or myself not to be mad. "I'm sorry, I promise I be good" or " I just want to be good" "I didn't mean to, daddy don't get mad at me, please" Granny tell daddy not to be mad. The whole time he is crying and shaking.
Now I know for a fact that my son has never gotten on to him for these accidents, If anything I am the strictest one on him with his behavior, (that is because I sure don't want something to happen to him in my care) I just spent since last thursday listening to his tears and his pleadings and promises to be good.
I tell you it breaks my heart, and makes me so dar n angry at her and the system that I can hardley see straight.
I have tried to teach him that the police will protect him and they are good people, but the child is convinced cops are bad, and we have to constantly assure him that if the cops lock him up in their car, we will come get him out.
He cried for two hours last night, telling me "Im sorry granny, I love you, mommy talked to the cops about me." I tried to get him to tell me what mommy said, but he just cried harder and wanted me to promise he could stay with me.
Do you know how hard it is to try to comfort a child, knowing full well that your hands are tied and you have to take him back the next morning.
This morning he had not changed his mind, he flat didn't want to go back to mommy. I liked to have never gotten him dressed, and on the three hour trip to take him back, he kept telling me very firmly he didn't want to see mommy, he wanted to go back to daddy's. He kept promising to just be good if I would take him back to daddy. Even when we got there and his mother finally showed up, He told me again, he didn't want to go with her, take me home please granny. What the hell can I do but take him and turn him over to her.
When I walked into the police station I heard her telling the dispatcher, that she needed a cop outside as everytime I got her alone I would jump her and start hitting her.
I am 5'2", 49 yrs old, taking nitro 4 times a day, apirin everday, Plavax (anti clotting agent) everyday, maxed out on zochor everyday (cholestrol), blood pressure meds twice a day. Just had another heart attack in November. Had a bloodviene protrude through the lining of my jaw a few weeks ago, Had two stints placed in 2001, had 100 percent blockage in 2001, have had 5 heart attacks , a mini stroke, and 4 angiaplasties (spelling). I have a shoulder that locks up on me, a curvature of the spine with a twisted nerve that I over came for many years, but is now acting up again. So I really don't think Im going to go getting into fights knowing that I could die of enternal bleeding that might not show up on the surface. She is 5'7" larger boned than my son and 24 yrs old and physically healthy as an ox, Mentally, I am convinced she is psychopathic. Anyhow, There is more but it pertains to others that have crossed her path and paid for it.

The police have to act on the status of what the law is.

I know they are supposed to act on the status of the law, I was a federal corrections officer myself, before I gave it up due to the stress of the job. There are supposed to be laws in the state of texas against abuse of the elderly, but she sure got away with knocking the crap out of her grandmother.
There are supposed to be laws against attacking the disabled, and according to my Veterans Administration Doctors and civilian doctors, I fall under that catagory. The law also states in the state of Texas, that domestic violence is not to be pleabargained anymore. Parker co. sure allowed her to plead down on the domestic violence to criminal mischeif, and then they no processed the criminal mischief. To make matters worse they then issued a warrant for my arrest, had me travel 5 times to go to court, and when I demanded my trial by jury and refused their two year deferred adjudication, they dropped charges against me due to lack of evidence.
They also misplaced my video tape and wouldn't allow me access to any of the original complaint on her saying since it never went to court it wasn't public record.
When my son was attacked by her this time, They (the responding officers) refused to hear anything I had to say.
One who was responsible for the arrest warrant on me three months after she attacked me, told me to shut up and get in my vehicle before I got into more trouble than I was already in, I don't believe I done anything except call them for help when the girl started her crap.

Lawyers make arguments on the interpretation of the law.

Yes I know that lawyers make arguments on the interpretation of the law, But I certainly cannot go get access to records that take a subpeona to get. I was told in Parker co. it would take a subpeona to get the records. Hire a lawyer.
Try to get her past employeement records to back up the claims that she is mentally unstable, protected by the privacy act. Get a lawyer, it will take a subpeona.
Try to get the education records where she was not only kicked out but barred from the college due to her extreme uncontrollable anger, again protected by the privacy act, you need a lawyer, he will have to get the court to subpeona them.
Try to get her juvenile records to show she has assaulted her own mother, class mates, done the swoop and swat number with a vehicle, protected, can only be gotten through the courts. Get a Lawyer.
Give the lawyer, all the information on where to get this evidence,
He states the judge doesn't want to hear it if it is over two years old.
Tell him about the charges filed at the police station and he says well you need to tell that officer he needs to be in court when we go, which, we attempt to and we get told by the police, that the lawyer knows better than that. He has to be subpeonaed and when he is, the officer will be there. Tried to tell the lawyer of the acts of violence against her mother, grandmother, cousins, myself, college classmates, proffessor, co workers and neighbors, Get told, well just because she treats an adult that way doesn't mean she will treat her child that way. Ever hear of the organization "BACCA" Bikers against child abuse Association, Well I think he was the president of the eastland co. chapter or something like that, but that was her attorney for the divorce. He argues that although she may be a little negligent and careless, that doesn't mean she doesn't love her child. After all she is the baby's mother. She is hollering she has no job and can't afford to feed the child, and here I have a pantry full of Baby food, that she left behind, She is hollering about clothing for the child, but yet she left all his clothes and blankets behind. Are you getting the picture of what is going on here in our great state of Texas.
The law also states that courts are no longer allowed to decide custody gender based, try to bring that up to a lawyer and the first thing you here is it is so hard to take a child away from his bio-mother. Well just what the heck happened to the Bio-father. What happened to the change in the law in 1995 that said the courts were to look at which parent could offer the child a stable permanent home, access to the child's extended family, had the child's best interest in the forefront. ( I know I am not quoting it verbatim, but that is the generalized version)
Judges affirm the interpretation of the law.
I fully understand this, but I also know that if you can't get the police to enforce the law, or the lawyer to ask the court to subpeona the "protected" evidence and or witnesses, What do you do and where do you stand.

 

[txmom57]

Of the three, the ones with the LEAST amount of flexibility in interpretation and action is the police.
I also understand this. I also know that even the police can be conned. Corrections officers fall prey to cons every day, in the prison system and they know who the crooks are there.
If you disagree with the law or how it is applied, speak to your legislature - not the police. I have and am doing so right now.
The police don't make the law
I know this but it is their job to enforce the existing law equally
- and neither do the lawyers, for the most part. True, but I thought everyone was entitled to equal representation under the law, and that somewhere in the Oath a lawyer took, if he accepted a retainer, he was to represent that client to the best of his ability. It is his place to put together the evidence and present it to the courts.Judges may carve out an interpretation, but that is based upon precedent and existing law.
They may have little choice without changes to the law. So, to effect change, railing against those who must adhere to the law as it stands is not the way to go.

the laws have already been changed, it is just that they are not being enforced, adhered to, and in some cases totally ignored through the good ole buddy system.
If they only each one just followed the laws that are already on the books, accepted the changes that were made more than 10 years ago and followed the letter of the law as it is written, I wouldn't be wasting your time asking questions that seem to have answers already in place.In the meantime, our resources have dwindled, hiring lawyer after lawyer, who doesn't present the case in our best interest, or the childs for that matter, Courts that can only rule on what is presented to them, and law enforcement that is dealing out justice with the mindset that only a woman can be a victim of domestic violence, and the poor little dear, is being victimized by her ex and the Big Bad Mother in law. While every one is living in the dark ages, a little child is being physically and emotionally abused by his own mother, he is being used as a weapon for her own deviant agenda and there is not a dar n thing I can do about it. except to keep knocking against the brick walls hoping to find a lose one somewhere.

Anyhow I did ask for advice, input and your opinions, and I do appreciate them. By the way, I know it has no bearing on any of this, but I do have para-legal training (20 something yrs ago) and a degree in criminal justice. I just don't know where to go when it seems the law is not being followed, Justice is not being served, and because of outdated mindsets a child's present and future physical and mental well being is at stake.
Anyhow I know all this seems so stupid at times, but if you are living it day in and day out and there is no let up, it becomes one big nightmare.

 

[CdwJava]

He always had severe diaper rash. She would leave him in the house unattended while she went to the neighbors house. She had never dressed him properly for the weather.

Have any doctors gone out on a limb to state that the rash was the result of neglect? Do you have any PROOF (not rumor, innuendo, belief, etc.) that she has left him unattended? Even if unattended, that is not likely sufficient to force either criminal charges or removal of custody. Those these are issued that can be raised in a challenge for custody by dad.

In her words it is not her fault he was crawling around in socks and the floor was slick and he slipped. (the explanation doesn't fit the bruise)

Any medical opinion that would substantiate abuse? Once again, what you believe and $3.65 will get you a Venti Mocha at Starbucks - it won't get you in the door of a court room without some sort of corroboration.

You cite a lot of events, but none of them apparently conclusive. And, to be honest, these kinds of allegations run fast and furious in contested custody battles. Frequently CPS and law enforcement have both sides accusing the other of wrongdoing, drug use, physical abuse, and even sexual abuse. Without evidence, they do not go much beyond simply making a note of the complaint.

Again, these are great issues for a case to change custody as civil matters can be based on a preponderance of evidence. Criminal matters must overcome the hurdle of "guilt beyond a reasonable doubt".

When I walked into the police station I heard her telling the dispatcher, that she needed a cop outside as everytime I got her alone I would jump her and start hitting her.

Hence my suggestion - bring a friend and publicly and openly videotape the exchange.

There are supposed to be laws in the state of texas against abuse of the elderly, but she sure got away with knocking the crap out of her grandmother.

They can only prosecute cases they can prove. Not knowing the details, I can't really comment on that.

There are supposed to be laws against attacking the disabled, and according to my Veterans Administration Doctors and civilian doctors, I fall under that catagory.

Doctors are not a good source of legal advice any more than lawyers are a good source of medical advice. Being disabled to some degree does no automatically make a person more protected than anyone else ... other factors must be present.

Parker co. sure allowed her to plead down on the domestic violence to criminal mischeif, and then they no processed the criminal mischief.

Technically, they did not plea the DV, they filed another offense.

When my son was attacked by her this time, They (the responding officers) refused to hear anything I had to say.

You can speak to their superiors. However, you can certainly have your say in court.

Try to get her past employeement records to back up the claims that she is mentally unstable, protected by the privacy act. Get a lawyer, it will take a subpeona.

Subpoenas are not tough. An attorney can get them easily if there is some relevance. Past employment records may not be relevant to showing a pattern of violent behavior unless she has been terminated for said violence. Same for education and other records.

Give the lawyer, all the information on where to get this evidence, He states the judge doesn't want to hear it if it is over two years old.

Relevance is an issue. What someone did many years ago does not mean they did it today.

The law also states that courts are no longer allowed to decide custody gender based, try to bring that up to a lawyer and the first thing you here is it is so hard to take a child away from his bio-mother.

Yep. It IS tough. That's one reason why it's best to hire a good attorney and to document, document, document.

I fully understand this, but I also know that if you can't get the police to enforce the law, or the lawyer to ask the court to subpeona the "protected" evidence and or witnesses, What do you do and where do you stand.

The police have, apparently, enforced the law. The law does not allow them to take a child because one party in a custody dispute says the other is a bad parent. Issuing a subpoena for documents can only occur when they are relevant. Seeking irrelevant items is not likely to pass the court's muster. Items more than two years past are not likely relevant to show a pattern of current behavior in your courts. I know I would really hate a speeding ticket I had when I was 20 being brought up against me now that it is 24 years later ... see the point? The line has to be drawn somewhere, and apparently where you are it's at the 2 year mark.

I don't have any miracle answer for you. Sorry.

- Carl

 

[txmom57]

You know sir unlike some people I dont believe in making false allegations against anyone. I know it is extremely hard now days to find people that play by the rules, still believe that the rule book is black and white, "no grey areas" but I am one of those people. The very reason I left the criminal justice field. I raised my son this way also. You are either right or wrong.
no maybe you can slide by on this one and look the other way on that one. When I took my training for the feds, they also taught us the rules were the rules they were black and white and if we followed them we would never have to wonder if we did right or wrong. So when I was told to learn to "play ball", I got out. I still wanted to be able to look myself in the mirror each day and be proud of who I was. No one can show me a time line in the law that shows there is a two year limit on showing deviant behavior. If there is a law that states there is a two year limit then pray tell me where does the term "career criminal" come from. Most convicted felons that are "career criminals" wouldn't have been convicted or sentenced to such lengthy sentences if a two year time line had been followed. It takes an ungodly amount of time to just get a divorce into court now, so if, such a time line is going to be followed, prosecutors and defense attorneys alike ought to just hang it up. On second thought maybe that is just what they have done and that is why the only laws that we really have now protect the deviant and to hell with the innocent. Too many have decided to be the judge and the jury without it ever going to court. Anyhow if I didn't think that the proof laid in the records I sought, I wouldn't want to waste my money asking for them to be subpeonaed. Everyone says document document document. We have we have we have. You say video tape video tape video tape, we did we did we did.
we were told we needed outside proof, from strangers, people without a personal interest. Pray tell how do you do this. You can't get the college records and I'm not talking accademic, Im talking behavior. Now you went to college I hope, just play devil's advocate for just one moment on this: Small town jr. college, where everyone knows the problem child gets sent to get his grade point up so he or she can get into the major university. Small town jr. colleges will take just about anyone, and give them a chance to improve. You get your gov't grant, it pays for your entire tutition, your living in gov't housing, paying 25 a month, recieving child support, ex hubby and the big bad mom n law is caring for little jr., because you need a break, all you have to do is take one year of your life, apply yourself to the studies, learn the trade, and in one short year, you will be able to get off welfare row, able to provide a decent living for yourself and your child. Just one short year. How many people out there would give their eye teeth for that opportunity. You have it.
But you don't even last 6 weeks from start of class to the final appeal process. You are out, You cannot come back. No you do not get a refund of your gov't tutition. Okay so we relent just a bit, you can come back after one year, but only if you can prove that you have successfully completed anger management. We will only then let you back in based on the fact that there will be no incidences involving your behavior. Now just how bad does a person have to act to get this slammed on them. I know how bad she acted but without the records, it all becomes he said she said. This is why those records are so vital. The dean of students, the proffessor, the student review board and others all know she has these problems, but they are bound by the privacy act. The instrutor actually cringed when I mentioned the girl's name. Her exact words were "OH my god, that woman has some major problems"
Well proving she has these major problems will help insure my grandson's safety. Without the records it becomes as I said: he said, she said.
Now, for a moment for the sake of the argument, Lets say, I am right , the woman is really a danger to all those that cross her even her child. Lets just for the sake of argument say I am right. Imagine yourself being three yrs old and weighing 29 lbs. and assuming that I have told the truth about everything here, how do you think you would feel when your mom grabs your arm and squeazes it so hard that her finger prints are left from the middle section of the lower arm all the way to the arm pit. Imagine how you feel getting slapped in the mouth constantly. Imagine just how far mommy has gone to make you beg daddy and granny not to take you back to mommy. Imagine what must have been said to him for him to be afraid the cops are going to lock him in their car and not let him out, he is so afraid of that that he makes you promise over and over that if they do you will come get him out. just imagine for a moment.
Now I know that we only get him a few days a month, we don't see everything or know everything that is going on in this child's life, but from what I do see, and knowing the warning signs of an abused/neglected child (academic and streetwise) I can just imagine what this child goes through daily. I lived his life once, I know the horrors that such a child has to endure, the isolated feelings of no one caring, your cries for help falling on deaf ears, people turning their back pretending nothing is going on and walking away so they don't have to become involved. I swore my child would never know a life of abuse or neglect, but what I never dreamed was his child would have to live it. I came to this forum, hoping to find some good advice on how to prove my son's innocense, and yes it is prove he is innocent. Somehow the tables have changed and the victim has to prove his innocense. It is no longer innocent until proven quilty, It is guilty until you can prove you are innocent.
Thank you for taking the time to input your opinions and advice. Somewhere I think we got way off track, but I will go back and reread and reread to see if anything will actually help. right now I have to start calling lawyers because I can still see my grandson's tears and hear the pleading to not take him back to mommy.

 

[CdwJava]

You know sir unlike some people I dont believe in making false allegations against anyone.

And I doubt that anyone will disagree with you. However, YOUR word carries no more legal weight than hers. The police, the DA, the courts, and CPS can only act on allegations that can be substantiated. Failure to have sustainable allegations can lead to huge civil suits for all manner of malfeasance.

I know it is extremely hard now days to find people that play by the rules, still believe that the rule book is black and white, "no grey areas" but I am one of those people.

Ditto here. That is why you may have seen so much of what you believe is inaction or unfair treatment - precisely because there are rules that these agencies must adhere to.

If there is a law that states there is a two year limit then pray tell me where does the term "career criminal" come from.

The two year rule (or whatever it is) is probably for issues that can be used to show a propensity toward the commission of a particular criminal act. In general NO past act can be used to prove a current criminal act except under very limited circumstances - usually related to rebuttal argument. A career criminal is usually one who is involved in a life of criminal convictions - i.e. he has an extensive history. Past criminal acts CAN be used at sentencing in many instances.

Now, for a moment for the sake of the argument, Lets say, I am right , the woman is really a danger to all those that cross her even her child.

Okay ... I can imagine the terror. But it's not relevant to the legal argument. You are also dealing with a cynical system that is commonly used and manipulated by one or both parties to achieve each party's respective ends. It's a sad state of affairs, but everyone accuses everyone else in these circumstances. Very often, for every person you can find that says horrible things about the mom, she can find someone that will say similar things about you or the dad. It's an ever expanding example of frustration for all involved - including the law enforcement and CPS folks. My preferred method is to remove the child from BOTH parties, place the child into foster care, and let both parties jump through the hoops necessary to gain custody and/or visitation back.

I came to this forum, hoping to find some good advice on how to prove my son's innocense, and yes it is prove he is innocent. Somehow the tables have changed and the victim has to prove his innocense. It is no longer innocent until proven quilty, It is guilty until you can prove you are innocent.

No, it's not. The state has to prove the criminal assault beyond a reasonable doubt. Being accused is not the same as being convicted.

I am sorry if you truly think that all those people in "the system" want to leave a young child in an abusive situation. They don't. But, the USA is the most litigious society on the planet, and most states have removed many hurdles limiting or prohibiting suits against CPS or law enforcement agents/officers for removing a child from a custodial parent. So, there is a great reluctance to do so without some measure of proof beyond "Well, it COULD be this ..." When in doubt, the child usually remains where he or she is. When there is proof or a strong and articulable belief of abuse or neglect, we take the child ASAP. Things are rarely that well defined.

- Carl

 

[txmom57]

Your points are all well taken, I also realize you don' know the whole situation here and you are playings devil's advocate. I thank you for your input.

 

[seniorjudge]

Your points are all well taken, I also realize you don' know the whole situation here and you are playings devil's advocate. I thank you for your input.

Carl is very good at that.

 

[txmom57]

yes it seems he is. I just wanted advice on the particular instance, I didn't want to try the whole case on here. It is a subject that is too close to my heart. Anyhow it is hard for me to maintain my level of decency when I know I am not being listened to. Guess when I found this forum, I thought here was a place to get some good advice.
Anyhow I do thank you Senior Judge and Carl for your input, It would have been nice though and probably more beneficial to me and more on track, if since I was the one that asked for advice, that someone would have given some advice, instead of trying to argue the case and presuming my statements were false and had no merrit. I am not stupid, nor am I uneducated, But I am sick and tired of being financially drained by the vindictiveness of this woman. Anyhow I just can't sit here and argue a pointless argument as nothing can be settled on here anyhow. I know the way things are supposed to be done, I know in our situation and others like us here in Texas things are not getting done that way. It all boils down to there really is no justice for the innocent. After 5 trips to court, which meant 5 motel rooms, 5 round trips on gas, the cost of a bail, a smear on a perfect record, the loss close to 600 dollars on a camera, not counting 10 days of my time wasted on senseless crap, it will still cost me another 1500 to get that false charge off my record. Now to some that may not mean anything, but to me it means a lot. And because they destroyed lost or just flat refused to give me back my video tape, I don't even have the proof I need to get a judgement against her for the destruction of my property or the legal expenses incurred by the false charges. So now I find my son going through the same thing, with the same person, in the same town, and it doesn't matter if he is innocent or not, it is still going to cost us money that would be better spent in providing for the child, just to prove he is innocent, so that he doesn't lose the right according to texas law to one day gain custody of his child. I used to think the laws were just not out there for women and children, to protect them, now I realize the only ones the law is not out there for is the truely innocent and niave. it is the diviant that the law actually protects. you know when the charges against me were dropped, thrown out or whatever you want to call it, I wasn't notified by the courts or my attorney, I was preparing for my trip back to court when I got a call from my bail bondsman, telling me I had been released from bail. That was after hours so in order to be safe I still made the 200 mile trip and spent the money on the motel so if he had made a mistake I would still be covered. I never heard another word from the lawyer. But oh well, doesn't matter, when my record is pulled I still have the arrest for domestic violence on there, and no one cares that the charges were false, all they care is that I was arrested for it. So noone need tell me that just because he was ticketed, doesn't a quilty verdict make, I know how I have been treated and that in our system no one will really care that he was innocent of the charges, all that will matter to them is he was charged with it.

 

[txmom57]

and for the record, I have been on anticoagulants for almost 6 years now. and in case no one knows what that is, it means your blood doesn't clot. I take nitroglycerin 4 times a day and a blood thinner. I would be a stupid fool to assault someone, as I have to be extremely careful not to fall or take a blow as I could bleed to death internally, even if there was no visible damage.

 

[seniorjudge]

Yes, you need to be very careful.