Defending Myself Against Simple Assault Charge Prior to Child Custody Case
My question involves criminal law for the state of: Mississippi
I was involved in an altercation with my ex-girlfriend (at the time) at my home while I had weekend visitation with my child. My ex and I were unmarried, she moved out before the incident, and we share 1 biological child together. She came over unannounced, but did claim to leave something on my porch for me as a gift via text message prior to her arrival.
Scenario:
She had texted me throughout the evening approximately 2 hours before the incident occurred. The texts were her saying good-night to our child. However on the domestic charge, she states that she came to my house in exchange of our child. The incident report states nothing about that, but however states that the officer told her that if she wanted to press charges (which she said yes), that she would have to leave and return the following day because she had been drinking. No witnesses were involved, and the only documented evidence is a picture of a bruise on her arm the following day when she pressed charges. I was not arrested at the time nor knew about the warrant for approximately 1 month, and eventually turned myself at the advice of an attorney. Also, I had called the police on her for not leaving.
I believe she came over because she figured that she could convince me from not visiting my relative and spend time with her, instead. She attempted to use our child as a way to manipulate whether I left or not. I told her I would contact police if she did not leave (without our child), she stated, "call them, I'll say you hit me". I called the cops after the altercation of her pulling me on my shirt and me pulling it from her grip. She fell down and claims that I grabbed her arm and slammed her down. There are documented photos of a large bruise on her arm.
I feel that this was brought on because she was spiteful that I no longer wanted to be with her, and also because it would assist her in gaining custody of our child. Do I have a defense?
Thanks
Re: Defending Myself Against Simple Assault Charge Prior to Child Custody Case
There are certainly going to be some issues with her story, but all the state really has to prove in the criminal charge is that the assault occurred and wasn't self defense. That she has a bruise could work in her favor, as most jurors won't see an equal use of force in pulling a shirt away when a bruise occurred Of course she's going to claim she didn't fall, and with no other witnesses, it comes down to whose version of the story the jury finds more credible. Credibility is where SHE is going to have some issues. If her texts saying goodnight to the child were just that, then her very arrival at your home becomes suspect. Did her texts give any indication that she was on her way to your home?
When she told you she'd left a gift on your porch, WAS there actually a gift? Did you look for it right then? When did she supposedly leave this gift? Where were you when the gift was placed? (Of course this begs the question as to whether she was using the "lure" of the gift to get you to come to the door or answer the door?)
If police didn't find probable cause to make an arrest at the time, that could bode very well for you. Generally, the law encourages the use of arrest if there is even the low level required for probable cause, and police didn't arrest. That they wouldn't even allow her to swear out a citizens arrest for domestic violence based on her drunken state will not be lost on the court, and her being in that state at the time is going to put her version of events almost immediately into question and gives more credibility to your claim of her falling. Drunk and falling are easy to associate. A good defense attorney has a LOT to work with here. But beware, the prosecution's job is to get a conviction, so for your own sake, please retain qualified counsel to represent you.
As to the concern about custody, if she's stupid enough to want to stand in front of a judge, and ask for custody of the child, based on an incident where police document that she was too intoxicated to press charges, let her. She drove to your home apparently intoxicated claiming she wanted to pick up the child, and leave with (again, driving while intoxicated, by implication). Yeah, judges LOVE that. The minute she files that case, start checking with your local programs for places that facilitate supervised visitation, because you'll immediately want to request that mom not only NOT get custody, but that her behavior in this incident poses a risk to the child and that she should not be allowed to be in a position to have the child in her care while she has access to the combination of alcohol and car keys. Ask that visitation remain supervised until mom provides the court with proof of completion of an alcohol treatment program. (Heck, even if mom doesn't bring such a case, YOU could bring a motion asking for visitation to be supervised, with this incident causing you concern for the welfare of the child when in her care).
Re: Defending Myself Against Simple Assault Charge Prior to Child Custody Case
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Re: Defending Myself Against Simple Assault Charge Prior to Child Custody Case
How about something substantive, rather than just link spamming, eh?