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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 08-27-2006, 07:00 PM
waitandbleed05 waitandbleed05 is offline
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Default Assault and battery at a family event
on june 18, 2006 my sister's brother in law punched my husband in the back of the head. I will call my sister's brother in law Marty. And i will call my husband Bob. Marty accused Bob of calling his wife a fat F#cking hippo... Bob did not say anything to Marty what so ever. I was sitting about 3-5 feet away from Bob. Marty came charging towards Bob. Marty whipped his arm around the pole and punched Bob in the back of the head. I told Bob to get to the car and fast. Marty's brother's tackled him to the ground. I got to the car only to realize that I left my cooler and needed to take it back to my in-laws house. I was able to get the cooler and then Marty came charging across the field towards me and my husband. The brothers once again tackled Marty. We got back into town safe and sound. I told my husband that he needed to go to the ER. Which he did agree to. He was seen by the ER doctor. It was not anything too bad Just really bruised and he had a really bad headache. We were asked if we wanted to press charges at the hospital. We told them yes. They were not able to give us the police's phone number since it happened outside of Lebanon county, PA. We called around and finally got through to the right person. But in the end he couldn't help us because he didnt know exactly where it happened. So we got in the car and went back to that playground where it happened. We got the address and called the police back when we got home. The cop asked us why we didnt call earlier. Bob explained to them that we had but no one was able to help us because we didnt know exactly where it happened. The state police finally came at 1:30am to get Bob's statement. Bob was told that he would be getting a call within a week. Well one week went by and no phone call. Two weeks went by and no phone call. Finally this past Thursday 8/24 we get a phone call by the Hamburg State police stating that he was doing a follow up. Bob called back left a message for the officer. The officer finally called back and wanted to know why Bob was only calling in now. Bob told him that it was the first time since the incident that anyone had called us. The officer said he would check into it.
Now sunday the 27th my sister confronts me in front of our mom. She asked me why we waited 2 months to file charges. I told her that the charges were filed on the day it happened. and that she better get her story straight. she said that Marty is getting a lawyer and getting the whole family subpoena and to testify for him....

What should Bob and I do?
Is there anything we can do?
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Old 08-27-2006, 07:23 PM
cissycicle cissycicle is offline
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Default Re: assault and or battery
Maybe it would be a good idea to find a different playground.
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Old 08-27-2006, 09:25 PM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: Assault and battery at a family event
Quoting waitandbleed05
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Marty accused Bob of calling his wife a fat F#cking hippo... Bob did not say anything to Marty what so ever.
That's an interesting denial. Is it that Bob made the statement, but to somebody other than Marty?
Quoting waitandbleed05
What should Bob and I do? Is there anything we can do?
What do you want to do?
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Old 08-27-2006, 09:40 PM
Litigator Litigator is offline
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Default Re: Assault and battery at a family event
If you receive a subpoena, you should obey the subpoena and show up for court and testify truthfully. As a victim, the victim can make their wishes known to the prosecutor as far as what the victim would like to see happen with the criminal charges with the understanding that the prosecutor has the final say on whether the case should be pursued or whether the charges should be dropped. Technically speaking, a victim only makes a report regarding the crime that was perpetrated against them--it is the prosecutor that determines whether to file and pursue criminal charges--once the report gets made decisions regarding the criminal case are out of the victim's hands.
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Old 08-28-2006, 03:49 PM
waitandbleed05 waitandbleed05 is offline
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Default Re: Assault and battery at a family event
Marty was told by other family members that Bob called Marty's wife a fat F#cking hippo. Bob did not say anything to anyone except to put the stick back into the net....

I was told that Marty was getting a lawyer and pursing the charges....

Bob is scared that he might go to jail because of this...

What are we going to do???
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Old 08-28-2006, 04:25 PM
aaron aaron is offline
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Default Re: Assault and battery at a family event
Bob is scared that he might go to jail because Marty hit him? What did Bob do to Marty?
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Old 08-28-2006, 05:17 PM
waitandbleed05 waitandbleed05 is offline
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Default Re: Assault and battery at a family event
Quoting aaron
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Bob is scared that he might go to jail because Marty hit him? What did Bob do to Marty?
Bob didn't do anything to Marty. Marty just hauled off and punched Bob in the back of the head towards the base of his neck.... I told Bob to get to the car asap! He did as i told him. Never even said one word to Marty... Just ran to the car....
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Old 08-28-2006, 05:26 PM
aaron aaron is offline
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Default Re: Assault and battery at a family event
And so the charges he fears would be for.... ???
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Old 08-28-2006, 06:30 PM
waitandbleed05 waitandbleed05 is offline
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Default Re: Assault and battery at a family event
Quoting aaron
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And so the charges he fears would be for.... ???
we dont know what the charges would be for. he didnt do anything wrong. all we did was go to the ER and file a police report for charges to be filed. Bob is scared since Marty is getting his whole side of the family to testify for him that the judge wont believe him.

We are telling the truth and this is where it has gotten us thus far. We dont want to drop the charges, but this Marty guy just wont give up. He doesnt know where we live but i can almost promise everyone that he will find out and then come after Bob. Yeah i know we should go and get a PFA... but would that really stop Marty? NO!! I know how Marty is and i know how the cops are in this town!! And PFA's dont mean much of anything...

Still confused and wanting to get this whole thing over and done with
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