Assault & Battery Assault

[SharonZ]

Hello,
My husband and I have been having problems with our son (37 yrs. old) for over a year now. He signed his land over to us because we had helped him financially and paid his land off. The agreement was that we would transfer the land back to him when he paid us back. Needless to say that has never happened. He and his girlfriend (who has nothing to do with this. They got together afterwards) have been harassing us and making threats to us trying to get the deed back. He has said things like "don't come up here without the Sheriffs, have them bring body bags", "Wait and see what happens to you both." And the list goes on. We have him on tape. We told both of them repeatedly to stop calling and not to come to our house.

Two weeks ago they called and made more physical threats. We went to the local police and voiced our concerns and asked for them to patrol our house because we were worried. A couple of hours later they showed up at our house with our two grandchildren (his children). My husband let the kids in and the two adults came in screaming and yelling. I asked the girlfriend to leave but she tried to stomp my foot and hit me. I never laid a hand on her to hit her. I did put my open palm on the back of her shoulder and pointed her to the door and told her to leave. She cussed at me and said she didn't have to. I called 911. By the time the Sheriff's arrived she had been outside alone for 5 minutes or more. She first told them I slapped her. Then she told them I scratched her.

I ended up filing a complaint against her. Apparently two days after she got the summons she filed against me. In TN when you are sent a summons you have to go to the Sheriff's department to be booked and finger printed within 10 days. Which I did do. She hasn't. Her summons is now a warrant. On her summons against me she stated that I shoved and pushed her with my hands around her neck choking her. I never did this. I was upset with the report the deputy wrote because he didn't write anything my husband and I said. He claims he didn't recall. Neither did he see anything that she has claimed. 911 heard what was going on.
After the Deputy told them to leave they went to the Sheriff's Department trying to get them to come and arrest me for domestic violence. They threatened to file a complaint against the deputy if they didn't. They wouldn't do it.
The deputies told us they were doing this to get me out of the way because they thought my husband was a soft touch.

I have never in all my years been in trouble with the law or caused anything to get into trouble. What can I do about this?

 

[mightymoose]

So the son lives on the property that you now own? If you are in a position to do so, and want to go that far, you could consider an eviction to get him off the property, but that really depends a lot on who owns what.
As for the phone calls and threats, go down to your county courthouse and get a restraining order against him. This is an order from the court that compels him to stay away from either of you, away from your residence, place of work, etc... and forbids phone calls, emails, text messages, etc.... no contact.
If he violates that order then he can be charged with a criminal offense every time, and when he gets tired of spending time in jail for it he might change his behavior and leave you alone.
Unless you find the behavior serious enough to seek out a restraining order, you won't likely find police too compelled to take action against him unless the threats are more credible and imminent.
From what you describe, I wouldn't expect the assault issue to go to far. It will be dismissed as mutual combat as neither of you had significant injuries and nobody can prove anything. Don't worry too much about it.
If you get the restraining order it won't matter what he or his girlfriend say... the simple fact that they are at your house would put them on the wrong side of the law.

 

[army judge]

You should speak with a local attorney.
You should ask your attorney to arrange a meeting between you and the high sheriff.
You might also want to consider meeting with the local prosecutor and your attorney.
Normally when the police respond to a domestic violence call, someone gets arrested, not just cited.
You should also have your attorney obtain an order of protection against your son and his friend.

Finally, you may not want to do it, but it will make your life easier and safer.
Give the idiot and his violent female, the deed to their crappy property.
It isn't worth fighting about or getting hurt over.
Wash your hands of them both and live a peaceful life.
Things like this have a way of ending with dire consequences.


When the police are sent, especially after a 911 call is placed, an arrest is highly likely. The law states, "If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or a felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest."

The officer determines whether or not there is probable cause to believe that a person has committed a crime by observing the victim, speaking with the victim and witnesses, and speaking with the alleged abuser if that person is available. If the officer believes that two or more persons committed the crime, then the officer shall exercise his/her best judgment in determining whether to make and whom to arrest.

Upon responding to a domestic violence call, officers must consider arrest as a possibility. In deciding whom to arrest, the officer will first determine who was the primary aggressor. In making that determination, the officer will consider: the history of abuse between the parties (including Orders of Protection); the severity and type of injury inflicted upon each parties' person; evidence from the parties and their witnesses; the likelihood of future injury to either party; and whether or not one of the persons acted in self-defense.

The officer will not decide whether to make an arrest based on the willingness of the victim or witnesses to testify or participate in court hearings.

The officer shall not "threaten, suggest, or otherwise indicate the possibility of arrest of all parties to discourage future requests for intervention by law enforcement personnel..." In fact, unlike in the past when victims were required to swear out warrants, officers now are being trained to swear out all warrants involving domestic violence themselves. The policy of all policing agencies in Knox County, as well as that of the District Attorney General, is that the State is now responsible for prosecuting all crimes, including crimes of domestic violence. The State wants every citizen to know that a crime is a crime, whether the perpetrator is a stranger or someone known and loved by the victim. In addition, the State wants every citizen to know that every victim will be protected from violence even if that violence happens at home.

When the police answer a domestic violence call, they should immediately collect as much evidence as possible. Evidence will include weapons, torn or bloody clothing, and broken items. They should take photographs or have their criminal investigations department come to the scene to take photographs, and/or ask the victim to come to their office for photographs to be taken. They should talk to all witnesses, including others in the residence, children, neighbors and whoever called 911.

When a domestic violence investigation is made, officers must seize all weapons that may have been used in the violence. Officers may seize any weapon that is in plain view or discovered pursuant to a consensual search. Law enforcement officers are not required to remove a weapon if the officer believes that it is needed by the victim for self-defense.

http://www.knoxbar.org/civil_criminal_law.htm

 

[SharonZ]

So the son lives on the property that you now own? If you are in a position to do so, and want to go that far, you could consider an eviction to get him off the property, but that really depends a lot on who owns what.
As for the phone calls and threats, go down to your county courthouse and get a restraining order against him. This is an order from the court that compels him to stay away from either of you, away from your residence, place of work, etc... and forbids phone calls, emails, text messages, etc.... no contact.
If he violates that order then he can be charged with a criminal offense every time, and when he gets tired of spending time in jail for it he might change his behavior and leave you alone.
Unless you find the behavior serious enough to seek out a restraining order, you won't likely find police too compelled to take action against him unless the threats are more credible and imminent.
From what you describe, I wouldn't expect the assault issue to go to far. It will be dismissed as mutual combat as neither of you had significant injuries and nobody can prove anything. Don't worry too much about it.
If you get the restraining order it won't matter what he or his girlfriend say... the simple fact that they are at your house would put them on the wrong side of the law.

Thank you!
We now own the property. When I went to my first appearance the Judge said to have a lawyer get restraining orders on both.
Thank you,
Sharon

 

[SharonZ]

You should speak with a local attorney.
You should ask your attorney to arrange a meeting between you and the high sheriff.
You might also want to consider meeting with the local prosecutor and your attorney.
Normally when the police respond to a domestic violence call, someone gets arrested, not just cited.
You should also have your attorney obtain an order of protection against your son and his friend.

Finally, you may not want to do it, but it will make your life easier and safer.
Give the idiot and his violent female, the deed to their crappy property.
It isn't worth fighting about or getting hurt over.
Wash your hands of them both and live a peaceful life.
Things like this have a way of ending with dire consequences.


When the police are sent, especially after a 911 call is placed, an arrest is highly likely. The law states, "If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or a felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest."

The officer determines whether or not there is probable cause to believe that a person has committed a crime by observing the victim, speaking with the victim and witnesses, and speaking with the alleged abuser if that person is available. If the officer believes that two or more persons committed the crime, then the officer shall exercise his/her best judgment in determining whether to make and whom to arrest.

Upon responding to a domestic violence call, officers must consider arrest as a possibility. In deciding whom to arrest, the officer will first determine who was the primary aggressor. In making that determination, the officer will consider: the history of abuse between the parties (including Orders of Protection); the severity and type of injury inflicted upon each parties' person; evidence from the parties and their witnesses; the likelihood of future injury to either party; and whether or not one of the persons acted in self-defense.

The officer will not decide whether to make an arrest based on the willingness of the victim or witnesses to testify or participate in court hearings.

The officer shall not "threaten, suggest, or otherwise indicate the possibility of arrest of all parties to discourage future requests for intervention by law enforcement personnel..." In fact, unlike in the past when victims were required to swear out warrants, officers now are being trained to swear out all warrants involving domestic violence themselves. The policy of all policing agencies in Knox County, as well as that of the District Attorney General, is that the State is now responsible for prosecuting all crimes, including crimes of domestic violence. The State wants every citizen to know that a crime is a crime, whether the perpetrator is a stranger or someone known and loved by the victim. In addition, the State wants every citizen to know that every victim will be protected from violence even if that violence happens at home.

When the police answer a domestic violence call, they should immediately collect as much evidence as possible. Evidence will include weapons, torn or bloody clothing, and broken items. They should take photographs or have their criminal investigations department come to the scene to take photographs, and/or ask the victim to come to their office for photographs to be taken. They should talk to all witnesses, including others in the residence, children, neighbors and whoever called 911.

When a domestic violence investigation is made, officers must seize all weapons that may have been used in the violence. Officers may seize any weapon that is in plain view or discovered pursuant to a consensual search. Law enforcement officers are not required to remove a weapon if the officer believes that it is needed by the victim for self-defense.



Thank you!
I was the one who called 911. The operator could hear them screaming in the background. I told the operator that the girlfriend brought her foot up to stomp on my foot.
When the deputy arrived he spoke with the two of them first. We knew when he came to speak to us he wasn't listening to us and it reflects that in his report. We tried several times to get him to listen to the threats we have on tape and he wouldn't. They drove 50 miles to come to our house to do this. My husband did speak to the Sheriff himself. His advice was to speak to the deputy because he was the only one that could change the report. When we did speak with him and another deputy they told us what my son and his girlfriend were trying to do to me. He also stated he didn't see contact between myself and the girlfriend and won't testify to such. I have an appointment to speak with our attorney next week. One month ago I phoned our attorney and spoke to him about the threats on the phone and told him I was worried and if anything happened to myself or my husband my son and his girlfriend should be suspected.
We're very upset that they used our teenage grandsons to get in the house. They have denied us seeing them for nine months-since the murder of one of our other grandsons.
Thank you,
Sharon

 

[army judge]

Sharon, if I were you, I'd give these violent, devils the deed.

They have demonstrated their propensity to attack you.

Your grandson is dead, and these savages attack you and your husband.

Get them out of your life.

An order of protection is nothing but a piece of paper.

It can't really protect you.

Give them their tribute and live in peace.

These are savage and lawless individuals.

They have demonstrated a depraved indifference for human life and civility.

Thanks be to God you are still among the living.

Soon your grandsons will be 18 and get away from these vicious pack animals.

Until then, pray for them, and get them out of your lives.

Give them the dadgum deed and be free of them.

No amount of money is worth your life or safety.

This is headed for a very dangerous and disastrous ending!!!!

 

[mightymoose]

I don't know your state law, but by my state law this would not have qualified as domestic violence but rather a simple battery. I can see why the police tried to minimize their involvement here.

 

[mightymoose]

Thank you!
We now own the property. When I went to my first appearance the Judge said to have a lawyer get restraining orders on both.
Thank you,
Sharon

You don't need a lawyer to get the restraining orders, but you can certainly utilize one if that is easier for you.

 

[SharonZ]

Sharon, if I were you, I'd give these violent, devils the deed.

They have demonstrated their propensity to attack you.

Your grandson is dead, and these savages attack you and your husband.

Get them out of your life.

An order of protection is nothing but a piece of paper.

It can't really protect you.

Give them their tribute and live in peace.

These are savage and lawless individuals.

They have demonstrated a depraved indifference for human life and civility.

Thanks be to God you are still among the living.

Soon your grandsons will be 18 and get away from these vicious pack animals.

Until then, pray for them, and get them out of your lives.

Give them the dadgum deed and be free of them.

No amount of money is worth your life or safety.

This is headed for a very dangerous and disastrous ending!!!!

Thank you so much.
I have been talking to my husband about giving him the deed back. Call it a mother's instinct, woman's intuition but I have had bad feelings for a long time about how this will turn out. You're right, our lives are worth more than that. You can replace a lot of things but not a life. If that were possible my daughter would have her son back in less than a heart beat.
We know our grandsons will somehow contact us. They told me how disgusted they were with both sets of parents.
The Sheriffs told my husband that they did this to get me out of the way because they thought they could get what they wanted from my husband. This way my son can also look like the one who is caught between his mother and his girlfriend. Pitiful!
We're hoping when I go to court again in May that all charges will be dropped and then we'll be making plans to leave the area.
Thank you again,
Sharon

 

[SharonZ]

I don't know your state law, but by my state law this would not have qualified as domestic violence but rather a simple battery. I can see why the police tried to minimize their involvement here.

You're right. The sheriff told them that this was a simple assault because his girlfriend is not related in anyway.
Thank you,
Sharon

 

[SharonZ]

Thought I would give an update.
This went to court last month and has been postponed until August. They want me to go to 9 months of anger management. My lawyer and I will not agree to it. She let her summons turn into a warrant and she had to bond out of jail. Some how she the the DA who handle domestic violence cases to help prosecute me. Now three months later I get a letter from their office wanting to help me with the summons I put on her. I filed the summons on her before she filed on me. The best part is they want to give me the same DA who is helping her. He told me yesterday, "I might be able to talk to you in court, but I can't really hear too much of the case because I'm representing her.
Can you believe this? I don't even know how she got the domestic violence DA. This is supposed to be a simple assault. I showed my attorney the paper work they sent and he said "they're supposed to help you with the summons you filed. It's not for me to do."
I feel like I'm being thrown under the bus.
Thanks for listening,
Sharon