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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 08-11-2005, 11:46 PM
ncoscino ncoscino is offline
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Location: Metairie, Louisiana
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Default Domestic Violence Protection Order
I am a victim of domestic violence by my former boyfriend on May 31, 2005. He threw me to the floor and got on top of me and was choking me with both hands. He kept one hand around my neck and beat me in my face, head and ears while still choking me. When he finally got off of me, I was gasping for air and was very disoriented and dizzy. Not sure how long I was down on the floor when I tried to get up and was so disoriented and blurred vision. I finally was able to get up and I stumbled to get out and away from him. As I made it to the door I said I was calling the police. I was trying to get into my vehicle so I could make the call and I fell out to the ground and did not make it inside my vehicle. I do remember laying outside on the ground however don't know for how long. I could faintly hear him asking if I wanted him to call an ambulance and all I wanted to do was get away from him but could not get up. When I came to, a police officer was there. The officer came to me and asked me if I was ok and if I needed an ambulance and I said no, however, I was not stable at all and was still very disoriented and dizzy. The officer helped me to get up, walked me inside and asked me what happened and I proceeded to tell him that my boyfriend beat me up, was choking me and beating me in my head, face and ears, pulled handfulls of my hair out. I also told him that my boyfriend has a history of domestic violence and he has beaten his ex-wife before and his ex-girlfriend less than a year ago. I also told the officer that he was a recovering alcoholic/addict and had been clean and sober for 15 years but last August he started taking prescription medication (Xanax) and was addicted to it but was in denial. The officer went outside to talk to my ex and I stayed inside and kept fading in and out as if I were taking a nap. They did not arrest my ex and I did not understand why because I had blood coming from inside of my ear and on the back of my ear, blood on both sides of my face due to cuts caused by the ring he wears on his right ring finger, and I could not stand up straight due to when he threw me on the floor, I landed ontop of part of a suitcase and some misc things that were on the floor. When it was time for me to leave, I walked outside and there was another officer there a female and asked me a couple of questions and told me to sign the citation and at that time I was told that we both had criminal charges against us for simple battery and I was not stable enough to even question it and really did not understand what was going on at all. They sent me on my way, I got into my vehicle and that is the last thing I remember until the next morning. I do not remember driving myself home nor do I remember making a phone call to a friend of mine. She showed up at my house shortly after I got home, I guess, and she saw the condition I was in and I went to bed and woke up fully dressed, dried blood on my face, ears and spots on my legs and arms. Therre is so much more to my situation that I have not even mentioned yet. Not sure how this works because it is my first time here. I have filed a protection order against him and he filed a peace bond against me and his has been granted and my court date has been cancelled twice already and still have not gone for mine. Now I received a notice from the peace pond stating I am ordered back into court for some violation or something (have no clue what this is all about). I went before the DA with my criminal attorney to tell what happened and was told his story was totally different and he is saying that it was a work related issue because I did also work for him. He has told several different versions of what happened. First story to the officer that night, then different story to my brother the next morning, a different story to the judge who granted his peace bond, a different story to the DA for the charges, and last was to his family and friends. It has been 4 weeks since I went before the DA and still waiting for decision if charges will be dropped or stay or what is next. I just need to be guided in the right direction and could use some helpful tips to help me prove this man is not telling the truth and we have no witnesses because it was 1:00 in the morning and we were getting ready to go to bed and it is my word against his. I have pictures and medical reports because I did go to the hospital a few hours later.
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Old 08-12-2005, 05:01 AM
aaron aaron is offline
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Join Date: Mar 2005
Location: Michigan
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Default Problem with Domestic Violence Case
You indicate that you have a lawyer - I suggest that you try to work through these issues with your lawyer. You have a complicated situation, and it would be hard to give you any suggestions which would be even as tenth ad reliable as those you could get from an in-person discussion with your own lawyer.
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