Assault & Battery Sister Vs Sister

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sweetpea51306

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Here is my story: My sister and her family had invited my family to go camping. Everything was great when we got there up until the next morning. Her husband started yelling at me because his oldest daughter had taken my dog out to go potty then left my dog by the three year old and the 3 year old started to strangle my dog. Her husband yelled at his youngest daughter first then at me for not watching my dog. I yelled back stating if his oldest daughter wanted to take her out potty she should have been responsible for my dog. Things got pretty heated between her husband and I so I told my husband I wanted to leave. We packed our things and left. Later that evening my husbands mother came over to watch our children so we could visit my husbands dad in the hospital. When we had gotten home my husbands mother had told us that our daughter had told her something that involved my sisters older daughter, a 9 year old from a previous marriage. Being a concerned parent I called my sister and told her what my daughter had said to my mother in law and also had said the same thing to me. My sister was in complete denial that her daughter would be capable of something like that and I had stated back that I believe my daughter until I find out different. My sister then hangs up the phone on me. Fifteen minutes later My husband and I along with our children and mother in law are outside letting the children play when I see my sister and her husband walk up like they are really mad. Seeing this I asked them to get off my property twice to avoid a fight. They refused. Her husband starts yelling at me and and I yell back to shut up and then my sister intervenes and tells me no you shut up and is within inches of my face. I felt extremely threatened and pushed her back to get her out of my face. She then starts attacking me and calling me nasty names in front of my children. I did not hit her once. I did however manage to put a body lock on her by wrapping my leggs arounder and grabbing her hair. She told me to let go so I did. We both got up and they started walking away still yelling things. I felt my face and noticed I had blood dripping. I had my husband call the cops and my mother in law myself and my husband had filled out statements and pictures were also taken. The officer had stated that he would be giving her 2 fines for battery and disorderly conduct. Later that night I had talked to my mother who is a mutual person stated that my sister said she had never recieved any fines. So now im wondering whats going on. I had tried calling the officer on duty but he wasn't working. Shouldnt my sister and her husband gotten a citation for tresspassing as well? And also Im extremely upset that my children could have gotten hurt in all this. If the officer didn't issue citations like he said he was going to doesn't he have to tell me??? Please if anyone could give me any advice I would truly appreciate it. I would like to know what fines she could or should have recieved and what to do if the officer didn't issue and like he said he was going to. :confused:
 
The officer does not owe you any explanation. If you feel otherwise, speak to his superiors or the chief of police.


Most likely, after speaking with the other "combatants", the officer determined that you were engaged in mutual combat and decided to do nothing.

Again, if you believe that is incorrect, make an appointment to speak with your local prosecutor's office.
 
I felt extremely threatened and pushed her back to get her out of my face.

You committed battery.

She then starts attacking me and calling me nasty names in front of my children.

If she struck you then she also committed battery.

I did not hit her once.

Yes you did, you pushed her. Same thing.

I did however manage to put a body lock on her by wrapping my leggs arounder and grabbing her hair.[

You again committed battery.

The officer had stated that he would be giving her 2 fines for battery and disorderly conduct. Later that night I had talked to my mother who is a mutual person stated that my sister said she had never recieved any fines.

The police officer does not have the authority to impose fines. It is very likely that the officer submitted his report to the District Attorney and the DA rejected it due to mutual combat.

Shouldnt my sister and her husband gotten a citation for tresspassing as well?

No, this was not trespassing.

If the officer didn't issue citations like he said he was going to doesn't he have to tell me???

No, but it would be nice of him to follow-up with you and let you know. From what you say here he could have easily issued the same citations to you that he had promised your sister. This is the same reason why the DA would refuse to file any charges. The whole thing is a wash. Neither of you was acting in self-defense. You were both acting in anger.

If you have a case number for the officer's report then you can contact the department and get a copy of the report and ask about the disposition of the case. You can also contact the District Attorney's office and see if they will give you a disposition.
 
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