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possible assault charge Assault & Battery

Discussion in 'Criminal Charges' started by cjkapes, Jul 7, 2022.

  1. cjkapes

    cjkapes Law Topic Starter New Member

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    I have not yet been charged with any crime, but I feel it is inevitable. Allow me to provide a little background information.

    My ex girlfriend still lives in my home while she is trying to find another place to live. Also living here at the moment are her two sons, 34 and 18. About a month ago, I went use my wireless earpods and found the case - empty. There is only one person with the same type of phone as me in this house, her 18 year old son, so there is only one place they could've gone. I approached him furious - this kind of thing has been happening forever. Of course, he starts screaming at me telling me he didn't take them which made me more angry. We had a shouting match for several minutes. He kept begging me to hit him - I said I am not nearly that stupid. I kept telling him to get out of my house and he refused. Finally I went to leave a found a stack of plates with half eaten, half rotten food on them. There had to be 15 plates and it looked like they were sitting there for a month or more - another long time issue. I swiped the stack of plates on the floor and told him, now clean this sh*t up! He grabbed an object and threatened to stab me in the throat several times. I got out of there and called the police.

    The cop showed up and sided with him and said I assaulted him by throwing the plates. He did nothing at all about him threatening my life. The first thing out of the kids mouth was "I want to press charges". The cop did me some justice and told him, I can arrest him today, but when he comes back there is nothing stopping him from going to the magistrate and he can have you evicted in 10 days. In the end, I agreed not to throw him out if he didn't press charges and the cop left.

    What has me worried is, he has a two year statue of limitations to press charges. I am sure they will have found a place to live in the next few months. I feel very strongly that as soon as they are gone, I will get a summons in the mail. I am inquiring if there is anything I should do to prepare or if there is anything I can do to prevent any of this from happening and/or escalating?
  2. mightymoose

    mightymoose Moderator

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    I wouldn't worry about it. Do what you can to help them get out of your house as soon as possible and move on.
    army judge and justblue like this.
  3. army judge

    army judge Super Moderator

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    Never allow anyone with whom you're not legally wedded to reside in your home.

    My wife and I take that one step further by ONLY allowing each other inside our homes.

    If people come to visit, they're only allowed inside our guest shelter, tack room, front porch, or back patio.

    The way to avoid problems is to establish and enforce rules.

    I wish you a calm life with a successful outcome.
  4. adjusterjack

    adjusterjack Super Moderator

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    Gee, you're all over the net today.

    Here's my response from the other site.

    Any assault charge at any time will be BS but if you are afraid of it, they have you by balls and this hostility will never stop. And don't count on them leaving any time soon.

    I suggest you file for a restraining order against the 18 year old due to potential violence and get him out of the house. And file for eviction against all three as soon as legally possible. Best to talk to a lawyer about that.

    Do it fast. If they get to the courthouse first for a restraining order against you, you'll be put out of your own house with the clothes on your back and a toothbrush

    If the police ever come to you about the incident you say nothing and invoke your right to an attorney.

    Watch this video.

    zddoodah and army judge like this.
  5. leslie82

    leslie82 Well-Known Member

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    I stopped at "her sons are 34 and 18." WHY are they living with you?

    Okay now reading it - just evict them. They aren't your kids. Even if they were you legally would have no obligation to let them live there. If charges get filed, which I doubt any prosecutor would even want to take this on, so be it. Get a lawyer. But right now there are no charges. So go to the courthouse and file to evict them.

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