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I Have Been Continously Lied Upon and Have Been Falsely Accused of Abuse

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  • 10-22-2011, 05:38 PM
    Tracy Gray
    I Have Been Continously Lied Upon and Have Been Falsely Accused of Abuse
    My question involves criminal law for the state of: Hawaii

    I am currently seperated from my wife for 5 months now and also have an ex-wife that I have been divorced from for the past 8 years. My ex wife has made numerous false accusations of a TRO violation to get custody of my children taken away from me so that she can obtain, child support. After a years worth of court and $30,000 later for lawyers fees, I was found not guilty of TRO violation and kept joint custody of my twin boys, but legal custody went to her. After her losing this attempt, she has made another false allegation of TRO violation, stating I stuck the middle finger at her via my sons cell phone. I was found guilty of this frivolous charge and sentenced to 10 days in jail but sentence was put on hold due to an appeal. During this appeal process, my sons mom has charged me with another TRO violation by stating that my car was to close to her house while picking up my sons Oneday. Fortunately, my girlfriend at the time was driving my vehicle to pick up the boys. I plead not guilty and am currently waiting for the trial in january. For this charge I am on $2000.00 bail. Judge stated that if I get arrested while on bail that I will go to jail. I found out later that my two exes, who hates eachother, has plotted together to put me in jail and take my kids away from me. Not to mention that they are harassing my new girlfriend, weekly with phone calls, texts and emails. This last incident took place in August of this year. Yesterday I returned home from work when I was told by my neighbor that 3 police officers were looking for me. Concerned, I called the police station to inquire why they were looking for me. I was told by the desk sargent that he has no record of this on his computer, therefore don't worry about it. 5 minutes after speaking with him, 2 police officers knocked at my front door. I didn't answer and they left. I was told by another friend of mine that I am being charged with felony abuse and that my current wife made this statement to police. Im in the process of contacting a lawyer and finding out what my options may be. I'm hiding out right now and nit going home to avoid getting arrested until I speak with a lawyer. I also heard that since I was currently in bail and got this new charge against me, I'm pretty much screwed. I am a single dad and if I go to jail, ill loose everything, including my sons. I have documentation of every where I've been to include my phone logs to show my whereabouts and what I was doing at all given times. My two exes are succeeding in destroying me and are accomplishing taking everything from me that I care about. Can someone please tell me what my options are at this point. Thanks
  • 10-22-2011, 08:00 PM
    aardvarc
    Re: I Have Been Continously Lied Upon and Have Been Falsely Accused of Abuse
    Quote:

    Quoting Tracy Gray
    View Post
    After her losing this attempt, she has made another false allegation of TRO violation, stating I stuck the middle finger at her via my sons cell phone. I was found guilty of this frivolous charge and sentenced to 10 days in jail but sentence was put on hold due to an appeal.

    Frivolous or not, it's a charge. And more importantly, it's a charge that FITS the pattern within the string of complaints that your keep reporting. That gives ALL of their other claims much more credibility, even if police aren't able to establish enough probable cause to arrest for the other accusations. That'll play out stronger in family court, where the burden of proof is much lower.

    Quote:

    During this appeal process, my sons mom has charged me with another TRO violation by stating that my car was to close to her house while picking up my sons Oneday. Fortunately, my girlfriend at the time was driving my vehicle to pick up the boys. I plead not guilty and am currently waiting for the trial in january.
    I would suspect that your attorney will be quick to point out that the order wasn't against the CAR, but against an individual, and then proceed to grill the witness as to whether YOU were seen, or your CAR was seen. A good attorney can be priceless here.

    Quote:

    For this charge I am on $2000.00 bail. Judge stated that if I get arrested while on bail that I will go to jail.
    Yep. Here's where the prior "frivolous" charge came into play, upping the stakes.


    Quote:

    Not to mention that they are harassing my new girlfriend, weekly with phone calls, texts and emails.
    Nothing to prevent her from doing things to cut off contact with them, to seek a restraining order of her own against one or both of the exes, or to report their harassment to police.


    Quote:

    This last incident took place in August of this year. Yesterday I returned home from work when I was told by my neighbor that 3 police officers were looking for me. Concerned, I called the police station to inquire why they were looking for me. I was told by the desk sargent that he has no record of this on his computer, therefore don't worry about it. 5 minutes after speaking with him, 2 police officers knocked at my front door. I didn't answer and they left.
    Police generally don't tell people that they're looking for that they're looking for them. They tend to not answer the door, to leave, go into hiding, etc. They're not required to tell the truth.

    Quote:

    I was told by another friend of mine that I am being charged with felony abuse and that my current wife made this statement to police.
    "I was told....", some of the most dangerous words on earth. If you feel your friend is somehow in the know about how police are handling an open case, or what was reported to police, then I guess you have to rely on their credibility. Better, however, to rely on your attorney, with whom your conversations regarding your case are privileged, and who, unlike your friend, can't be used as a witness against you.

    Quote:

    Im in the process of contacting a lawyer and finding out what my options may be.
    You have several. You can become a fugitive and go into hiding. You can retain an attorney, and get the attorney to discover, through proper channels, whether or not there is an actual charge against you - and if so to work with your attorney to formulate a plan of action in response (getting to plan or schedule turning ones self in on a warrant is often SO much better than playing "I wonder if today is the day". A good, local, criminal defense attorney will know the workings and scheduling of your local courts and jails such that good timing can drastically minimize the amount of time spent in processing and waiting for your case to get before the judge (which is the purpose of the warrant - to get you before the bench). And, your attorney will be in the position to fight for things like monitoring versus incarceration as the case(s) work their way though the system.

    Quote:

    I'm hiding out right now and nit going home to avoid getting arrested until I speak with a lawyer. I also heard that since I was currently in bail and got this new charge against me, I'm pretty much screwed.
    Even if you get a new charge every day, it doesn't mean that a new change results in instant convictions on pre-existing charges. But new charges DO tend to piss off judges who have said "hey, knock this behavior off" and make them less likely to entertain things like ROR, bail, or alternatives to incarceration. Getting multiple charges gives the judge a lot of motivation to just lock you up so they don't have to keep seeing you. Again, an attorney here is really your ONLY shot.

    Quote:

    I am a single dad and if I go to jail, ill loose everything, including my sons.
    Then you need an attorney ASAP. The longer you're in hiding, the longer you give your exes MORE ammo, in the form of putting them in an excellent position to seek emergency custody on the basis that you're a fugitive, that you're in hiding and they're not able to contact the children, etc. Whether factual or not, you need to be working under the assumption, given the history, that one or both of them are already working to get that ball rolling.

    Quote:

    I have documentation of every where I've been to include my phone logs to show my whereabouts and what I was doing at all given times.
    Actually, no. You have proof of where your PHONE was. That's a HUGE distinction, given the nature of the accusations in your case.

    Attorney. ASAP. And talk to NO ONE EXCEPT your attorney, lest those you talk to be used as witnesses against you.
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