ExpertLaw Forum - Help With Your Legal Questions
Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

Reply
 
Thread Tools Display Modes
  #1  
Old 11-07-2006, 09:02 PM
Steven in W.V. Steven in W.V. is offline
Junior Member
 
Join Date: Nov 2006
Posts: 2
Default Domestic battery In West Virginia
6 months ago.I was arrested for Domestic battery.
I wasn't given the opportunity to give my own statement.
This was my first offense. I have been mairried 8 year.
My wife has been unemployed for three years. No kids
to take care of .She just doesn't won't to work.
She ran into a lot of money( over 15k )
With out me knowing this she put the money in a secret bank account.
Not ever our bank. She had the money over a week with out me knowing.
She bought a car, kept it parked up the street so I would not see it.
I start seeing her spend money. I question her about this.
She got violent, hurts me. I call the police to have them talk to her.
Before the police get to the home, she drives the the police station
and said I beat her. The police report in very incorrect.
I was arrested for domestic battery. And I'm the one who called for help.
No contact order.( Bond ) Put out of my Home that I had a mortgage on before I
was married. And a emergency protective order. 3 days later I get handed divorce papers.
This is the first time in 8 years we have ever been apart.
20 Days later, emergency protective order is dismissed because of no evidence.
Judge tells me I can go home. So I go home . The wife show up 7 minute later
Told me to leave, she was calling the police becauce I was braking my bond.
( No contact order ) So I'm out again. 12 day later, Judge said I didn't brake my bond
and I could go home. So again I go home, 10 minute later the wife show up.
She said she was calling the police. So I handed her the phone and asked her if she
wanted me to dail the number for her ? Police show up, and told me to leave.
I showed the officer the paper work that I had. The officer told the wife there was
nothing he could do,And that I had all rights to be there. I had no change of clothes
so I got some clothes and left. Because she wasn't leaving. 3 days later I got a unlawful detainer
against her, went home, ( while she wasn't home ) changed the locks and been home ever since.
2 months later The state dropped the charges of Domestic battery because of no evidence.
In the divorce she wants everything in the house even the stuff on the walls.
$12,500.00 in cash for her intrust in the home that she doesn't own. ( mortgage in my name only )
$400.00 a mouth for five years alimony( no kids no car payment ) for me to pay her attorney fees
and court cost. I only bring home $1100.00 a month. In the state of West Virginia
you must file a financial statement. I counted over 12 mistakes on her report adding
up over $500 she said she needed to live on.There is alot more to the story but I will end it there.

Question # 1 Why wasn't I given the opportunity to give my own statement ?
Nether the police or the state took a statement.

Question # 2 If I had evidence on my body were she attact me. and the police saw it
why wasn't she arrested for Domestic battery ?

Question # 3 Where is my justice ??

My divorce lawyer is the same lawyer I used for the Domestic battery.
I used him becauce he knew what was going on already.
I tried to get a new lawyer but no one would take it because it was in midstream.
or conflict. Conflict is that thay already talked to the wife when she was looking for a lawyer.

Please can anyone help me ?
Thank You.. Steven.
Reply With Quote
  #2  
Old 11-08-2006, 09:00 PM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Re: Domestic battery In West Virginia
The police don't have to take a statement from you. If you had evidence that you were battered, I hope you documented it - photos or medical reports. Discuss it with your lawyer.
Reply With Quote
  #3  
Old 11-09-2006, 08:58 AM
Steven in W.V. Steven in W.V. is offline
Junior Member
 
Join Date: Nov 2006
Posts: 2
Default Re: Domestic battery In West Virginia
Thank you for the reply.
I do have photos of the evidence, And a witness who took the photos
This would be for just the photos not the crime.
I did Discuss it with my lawyer. and now 7 months later still Nothing.
I will post more to the story later. This should be the movie of
the week.. Does anyone else have a reply?? Thanks again.
Steven
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Domestic violence battery Assault, Battery And Domestic Violence 10-01-2006 07:10 AM
Expunging a domestic battery charge, dropped down to battery Assault, Battery And Domestic Violence 04-21-2006 04:33 AM
West Virginia Expungement Pardons And Expungement Law 03-12-2006 12:10 PM
Misdemenor Domestic Battery West Virginia Assault, Battery And Domestic Violence 02-02-2006 08:38 PM
Simple assault and battery vs Domestic Violence in Virginia Assault, Battery And Domestic Violence 01-07-2006 09:17 PM



All times are GMT -7. The time now is 05:09 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved