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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 08-09-2008, 12:53 PM
lisonla lisonla is offline
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Default Interference with 911 Call
My question involves criminal law for the state of: MN

In June of this year, I dialed 911 during a violent act from my ex fiance. Before I could speak, he unplugged the phone. I told him they would call back or be coming out here. He plugged the phone back in and when they called back he told them that the baby was playing with the phone so nobody ever came out. I desperatly needed an officer. He then took the cell phones and the home phones from me and baraccaded me in the home.

I'm wondering, since there is documentation from the law enforcement office that this happened, if it would be considered an interference with a 911 call.

I just filed for an order of protection from him. We broke up a month ago and has been calling/texting me about 40 times in the course of 2-3 hours. I finally called the police after a year of abuse. He is already on probation for 1,2,3 dwi's, and also some felony drug charges. I have spoken with his P.O.

The womens shelter helped me fill out the OFP and they said to write out three of the most recent incidences, what happened, how I felt and how I feel now. So I wrote about the phone call/texts, him attempting to rear end me and my daughter (without a license), and the 911 interference.

So I'm just wondering basically if this will hold up and if he will be charged with interference with 911. I realize that I did not call them back, like I said he took all the phones and my daughter was in danger as well so i had to "play by his rules" by the end of the day he pretty much convinced me that he was sorry...


Thanks for any help!!
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Old 08-10-2008, 01:40 AM
aardvarc aardvarc is offline
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Default Re: Interference with 911 Call
Sure you can attempt to file a complaint about it now, and yes, there will be documentation of the call. However, since it's more than a month after the incident, the DA's office isn't going to consider you a stellar witness and the liklihood that any criminal charges would be brought is very small. The DA would have to put drugs in the jury's water to get them to convict on such an incident that wasn't reported until so much later. The defense would eat the case alive and DAs don't take well to cases they can't win.

On another note, I'd be sending a letter to the chief of police ASAP - regardless of what he told 911 when they called back, an officer should have been sent ANYWAY. That's pretty much standard operating procedure because of situations exactly like you describe - someone committing a crime is always going to come up with some story to blow police off - but an officer should have been dispatched to make sure before the call was cleared. You can also call your local PD and ask them to put a note for your address in their dispatch system that will warn them that any 911 calls should be considered suspect.
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