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  1. #1
    Join Date
    Jan 2009
    Posts
    4

    Default Misdemeanor Charges

    My question involves criminal law for the state of: North Carolina

    I am a women charged with simple assault and battery using non aggravated physical force. I was arrested and later on released on bail.The papers that I got mentioned do not harass, assault or intimidate victim but not mentioned that I should not contact him. Though, I am not living with him anymore but I called him 3-4 times in a span of week and he was fine with me calling him as I always asked him in the begining if he wants to talk. It seems now he switched off his mobile. The last time I called he was in the office and he irked me by being rude in return I also lost my temper. I have no idea what this could mean if he has recorded this talk to show that I am still harassing him.

  2. #2

    Default Re: Misdemeanor Charges

    Quote Quoting Suna
    View Post
    My question involves criminal law for the state of: North Carolina

    I am a women charged with simple assault and battery using non aggravated physical force. I was arrested and later on released on bail.The papers that I got mentioned do not harass, assault or intimidate victim but not mentioned that I should not contact him. Though, I am not living with him anymore but I called him 3-4 times in a span of week and he was fine with me calling him as I always asked him in the begining if he wants to talk. It seems now he switched off his mobile. The last time I called he was in the office and he irked me by being rude in return I also lost my temper. I have no idea what this could mean if he has recorded this talk to show that I am still harassing him.
    IF he can convince the judge that the conversation was harassing, it could mean further trouble for you. Without hearing the conversation and the tone thereof, we really couldn't begin to speculate how a judge would see it. Remember, such court orders only apply to the party named in the order - so he's allowed to be rude or loose his temper - you however are going to be held to a much stronger standard - so even if it's not fair, if there's ANY possibility of you loosing your temper you've got to have the discipline to hang up before you open the door for him to say the call was harassing or threatening, etc. The only one with something to loose here is you. If he's turned off his mobil or shows any indication that he doesn't want to talk anymore, you need to regard this as urgent and abide by it, lest you be standing before the court again.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Misdemeanor Charges

    Thanks for the information. I am actually under lot of stress because I am an international student charged by my husband for assault and battery. This would have disastrous implications on my future. We had fight in which he was choking me,punched my nose and gave me bruises and in self defense I gave him scratches and bruises. He has secretively gone to the police station 4 days after our fight (on my exam date) and showed them the bruises and scratches that I gave. The police officers arrested me a day later without even listening to me or looking at my bruises and swelling. I like to know my chances of escaping from these charges given that I am a first time offender. He always wanted divorce and I believe he will not be cooperative with me. I am so emotional about him that even after all this I called him and asked why he did this. After the last phone call and him switching the phone and I am terrified and unable to rest myself.

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