Assault & Battery Falsely accussed of simple assault

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jessy123jlf

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My fiance has a son to anoth women.. In august of 2011 we went to her house to pick up the baby, after she refused to give him the baby even tho it was court ordered.. He plead with her for about three hours but she just kept sayin she would give his son to him untill he came into her apartment to talk to her... Thinking that she was just doing it to irritate us i told him to just go in and talk to her ( bad advice on my part) about ten minutes later i see my fiance walking really fast from the apartment with the baby mothers mom pulling and hitting him while he was holding his son. And the baby mother was on the phone with the police screaming i was just hit. So i told my fiance to just get in the car where me and my son were waiting.. He did we drove to a friends house and called the police amediatly. He explain that he spoke to her for a few mins and then reached down to pick his son up she ran into his arm and threw herself against the wall. She had her mom hiding in the back room of the apartment waiting ( so we relized she was setting him up the whole time.) now a week prior my fiance was involved in a work accident where he lost the top half of his thumb. He had bone loss and many stitches holding his tub together the nail was comply removed. He had a bandage on his hand.. Her story is that he hit her with his hard cast in the face and she flew against the wall and got a confusion on her butt. With no injuries to her face at all.. The local police did not believe her story and did not file any charges against my fiance. That was Friday. On Sunday we meet her at the police station to return the baby.. Later that well we got pfa papers for the incident on Friday and she was now also claiming we had burned the baby with cigarettes and beat him and left bruses on his body..after an investigation by children and youth they said the accusations were unfounded because an er doctor said the baby had no burns or bruses... When we went to court for the two pfa's they were both dropped because the judge didn't believe her story...after all that 6 months later a detective called us to inform us the da was charging him with simple assault! He said she was goin to the police station almost every day for the last 6 months complaing about the contusion on her but and had a doctors note saying she did have one.. And that he believed her story.. Even tho the police departments and 2 directives investigated in august and said they believed my fiance.. Now he has to go to court in Feb. 2012 for his charge.. We are worried that being found guilty we be devastating in his custody battle that is currently on hold untill after court.. She is currently in contempt of court in that situation because she hasn't let him see the baby since august even tho it is court ordered that he is aloud... Also my fiance has a criminal record and has spent time in jail for criminal trespassing. And is currently on probation for small possession.( July 2010).. We are afraid that if found guilty he could go back to jail...if anyone has any advice for us or has any idea of what punishment he is facing if convicted we would greatly appreciate it.. We did hire an attorney, the same one we used for the pfa hearing but we haven't meet with him about this yet... Thanks for your patience reading all this i know its alot..
 
Seriously, this goes way beyond the scope of a message board. Your fiance needs to be speaking to his attorney.

And with respect, may I offer some practical advice?

It's best that you are NOT present during pick up and drop off. Your presence is likely aggravating Mom, and not helping the situation at all. Remember, you're considered a legal stranger and the custody matter is solely between your fiance and Mom.

For what it's worth, this honestly doesn't sound believable:

she ran into his arm and threw herself against the wall. She had her mom hiding in the back room of the apartment waiting

But, again, your fiance needs an attorney.
 
Well i was there because part of his probation was a suspended license.. So i was driving.. And this was only the 2nd time we were ever getting him so things were still being worked out. We kept trying to get a court apointed person that could pick the baby up for him so he didn't have to go at all but her and her mother kept saying no to every person he said... She for real crazy.. Me being there may aggravate her but me being alive aggrivates her she has men threatening me and tells people non of this stuff would be going on if he would find another girlfriend.. I told the police but its all hear say, But we have an attorney but we don't get to meet with him untill Tuesday. And just looking for some opinions. So thank you
 
Also in pfa court her and her mother admitted she told her mom "to come over and hide in the back room and put her cell phone on silent " and the judge asked why and they didn't have an answer . I think its one of the reasons we won besides all the other lies the caught her in. And if his story is not believable and he did indeed smack her in the face with a had cast ( which he never had on) don't you thing she would have some kind of bruises on her face or a busted lip. Not just a bruise on her butt.. She set him up. And when the cops told her they didn't believe her on Friday she made up the allegations about the baby on Sunday... Trying to get something to stick so he can go to jail. Because the custody judge won't take his rights away and that's what she wants...
 
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You people can do whatever you want. I wish you well. If it were my decision, I'd just stay away from her and the kid. Pay the child support and keep away from her shack and her kid!

I love my freedom. I don't wanna spend my life in some courtroom. Besides, dude needs to stay ouuta trouble to get off probation.
 
Yeah you are right.. Alot of family have been telling him to just forget about the baby and move because of the trouble she is causing for him... Its just a hard pill to swallow for a man that's wants to know his child... It sux the courts make it so easy for her to make him pick his freedom or his son.. Were just hoping that a conviction won't mean jail time for him at this point
 
He could always man up and do the right thing and enforce his visitation.

Just an idea.

Oh, and while he's free to walk away from the child, he's not free to walk away from his obligation to support the child. :D
 
Yeah you are right.. Alot of family have been telling him to just forget about the baby and move because of the trouble she is causing for him... Its just a hard pill to swallow for a man that's wants to know his child... It sux the courts make it so easy for her to make him pick his freedom or his son.. Were just hoping that a conviction won't mean jail time for him at this point

This is not about hope or prayer.




This is about the law.


A conviction on this charge, could get him revoked on his existing conviction.


He could end up being revoked because of this latest incident.

That could mean he might not end up in jail, but in prison, again!!!

Stay away from these animals, do not phone, visit, text, email, or snail mail these demons.

Do get to that lawyer's office ASAP and follow the advice you're provided!!!
 
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He could always man up and do the right thing and enforce his visitation.

Just an idea.

Oh, and while he's free to walk away from the child, he's not free to walk away from his obligation to support the child. :D




Yup, child support accumulates, even while he's in prison.

Yes, always pay that darn child support.



But, if you can't get along with the other parent, it might be best to stay as far away from that parent as you can!!!

There are many reasons the cow and bull get divorced, or were never married.

In the meantime, the little calves need the court ordered child support.

So, don't be a deadbeat, don't miss a beat, and pay up!!!
 
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Neither of us has tried to get in contact with her since this except thru the ywca about his visitation. She never responded.. But he did go to domestics and she didn't think it was enough money so she signed the papers to close the case. Now i don't know for sure but she could probably just file again when she feels like it... But thanks for all the advice!
 
I didn't read through all that, so I'm not sure what state you're in.

Talk to his atty. and ask about the legality of tape recording a phone call between your fiance and his ex.. It's legal in all but a few states. He may be able to get her to brag about how she lied to police to get him in trouble.

Your atty. may want to be on an extension phone as the call is made, so as to secretly give directions to your fiance on how to navigate the conversation to his advantage.

If that doesn't work, consult with his atty. about having a mutual friend tape record a conversation with his ex, either in person or over the phone to get her to admit she made it all up.

Since you have an atty., don't do anything w/o his approval, or you may make things worse.

Then have your atty. review the tape.


I JUST NOTICED YOU'RE IN PA, ONE OF THE BAD STATES FOR TAPE RECORDING PHONE CALLS

Ask his atty. if it's legal to secretly tape record in person and if he recommends it.
 
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Yeah pa says u cant record unless the person knows they are being recorded... But we do have voicemails she left the weekend before at 2 am admitting she was outside our house and if he didn't pick up the fone he would regret it.. And just saying really weird things like she knows we got in late because she knows when our car got there... And she was just being really threatening and repeating he was going to regret it... So hopefully those messages will help... Also the was one the day after of her calling him a n*gger and screaming at the top of her lungs.. I think we want to play that message to show the real her not this innocent victim she's trying to play... But i also thought if he did a three way call would that constitute " wire tapping" or not... Well have to ask the atty. .. But thank you!!!
 
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