Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
My question involves criminal law for the state of: IOWA
I have been charged with Domestic Abuse Assault Causing Bodily Injury.There was nothing abnormal about her threats,and our agreement was always confirmed, but there are some Episodes of Mania that are unexpected. Even after the previous 300 plus times her fits have occurred, somehow she was able to convince entire family to shun me. Life was perfect one day, (as far as certainty our love and direction was concrete), I severely angered her by sharing my feelings. Rationality was deteriorating quickly. The nature of my wife's illness allows her to believe her own stories and accusations 100% and gives her the ability to gain social support by manipulating them into believing her. Over five years of This and this time her people believe her?
She talked suicide and darted for gun. I spun her away and got between her and weapon. When my back was turned, she tried dashing through doorway, But she slipped on rug crashing into door and took out corner stand, and was stopped by door jam.???? I attempted to help her up and was Cussed out. She thought I was gone again. I caught her bolting once again. This time she made it clear that she was going for a particular knife. I grabbed shoulders and walked her/pushed her back into bedroom and did our usual sequence of talking sense. All is OK, not how you see it, etc..... Went to bed. She came to bed. Next day I got a message saying cops were at my house. Never saw her again. Been three months. Do I have ANY defense to stopping act of certain danger to her if my actions weren't performed. I grabbed her twice just enough to maneuver her and use my body as main block.We agreed to not use psych ward for three day observation, and I would use judgement. If not for restraining order, we would be back together. Police have pics of red marks on shoulders and accused me of bashing head into wall. Her entire statement was fallacy. Now shes in a full blown reckless 3 mo. episode. Im still broken down by such a terrible loss for me and mainly her. I was her caretaker and made her decisions when she couldn't. It should have never happened.
I cannot find any cases involving Behavior disorders, and false domestic, where the nature and ability of the lying victim resulted in dropped charges. Any help in direction?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
You need a lawyer big time. This is not something that can be done over the internet through self help. DV misdemeanors are extremely onerous in their implications.
Slapping or shaking someone to get some sense into them isn't going to be looked at as therapeutically as you make it out. You're going to be presumed to be committing assault.
I'd stop talking to people without counsel. You're digging yourself a bigger hole.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Were you ever charged with a DV for this? You have only stated that the police were at your house, have you been arrested for this incident?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
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Who'sThatGuy
Were you ever charged with a DV for this? You have only stated that the police were at your house, have you been arrested for this incident?
I have been charged with Domestic Abuse Assault Causing Bodily Injury, is my first sentence.
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flyingron
Slapping or shaking someone to get some sense into them isn't going to be looked at as therapeutically as you make it out.
Thanks for response flyingron. Im assuming, by your comment, that you are speaking about my charge, as the state is viewing it??
Ive tried to send you a message. Im not sure if my messages are set up correctly?? Thanks again.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
I do not respond to PMs even if you were able to send them. I am paraphrasing what you said as observed by someone who will be prosecuting you, yes.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Thanks flyingron.
Still needing to find a website that will have info on cases like mine.
Im trying to delete post with no luck.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Posts aren't deletable on this site.
That said, I have some questions:
1. Has your wife ever been officially diagnosed (by a psychiatrist) as having a mental illness?
2. If yes, has she ever received/is she receiving treatment for this diagnosed mental illness?
3. Whose gun was it that she was darting to?
4. If your gun, why would you keep a gun lying around the house, given her behavioural issues?
Finally, as flyingron has said, you need an attorney big time. You don't have a hope in heck to get these charges dropped or a judge ruling "not guilty" without an attorney.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
There is no "website to learn" because it's impossible to tell what really is going on here. You need an attorney. This is beyond something internet advice can work out.
On the face of what you said, you sound guilty as hell.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
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eerelations
Posts aren't deletable on this site.
That said, I have some questions:
4. If your gun, why would you keep a gun lying around the house, given her behavioural issues?
Beat me to it. I have to wonder the same thing, given that this was not a one-off occurrence. Why keep a firearm within easy reach of someone so unstable?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
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Stunned
Sounds guilty? Your aware that my post isnt beginning to the end, right?
I am not representing myself.
I have an attorney.
Ive never been through anything like this at all. Instead of bugging attorney, by asking a million questions I used what resources I have. And here I am. Havent heard anything in my favor, but its became even more clearer that people cant build a picture of what a mentally ill person is capable of. Capable as in, covering many different situations. NOT, "they were capable of lifting 1000 lbs when they were manic.....", but capable of transforming into another person all together.
You can read all day but its not possible to feel,see,or believe it.
I guess my question is answered. The judicial system, ( isnt aware??), doesnt take it into consideration that some mental illnesses,(other than straight jacket bound patients) are capable of allowing the person to paint their story how ever it needs to be. And every speck of social approval along the way makes it appear even more true to them.
Sarah, I mean eerelations:
Yes, she has been diagnosed as bipolar.
The psychiatrist thats being seen now, only has what he sees each time she has an appointment,to make an updated diagnosis. The Dr. does not know the truth nor have the scant amount of counselors thats been seen very few times.
Treatment? Some.
Ammunition for all guns are not accessible without finding them first! An entruder would be in and out by the time I figured out the correct caliber I needed and that would be after they were found.
Guns are not loaded.
She couldnt even load a gun. Luckily, there were few episodes that led to anything in the house being a threat. It was obvious to tell the intentions of episodes.
You treat all firearms as if they were loaded. Thats for a reason!!
But, did any of that cross my mind at the time?????
I came to your forum with true information about my case. Im seeing, from the general opinions and responses I get from day to day, that I should have lied about it all!! ??
Doesnt matter now since I cant remove post and im certain her attorney has seen it.
Seems like a lot of assuming here. One member points out I screwed up by saying a word, and others want to know more??? Its clear to see my error and this "expert" law site promotes letting a clear mistake, from ignorance on my behalf, stay up so all can eat popcorn and giggle about it? Opposite of promote is demote or regulate. Are we giving advice or bathing in the unfortunate situation of yet another wife beater?
flyingron has been honest and seems sincere. The problem is exactly what Ron said, theres more to it, on every aspect. Obviously this isnt the place to have cross examination.??
If you have a lawyer, then work with the lawyer. You sound very emotional and your post is hard to follow.
I'd also recommend a psychiatrist for yourself.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Yes, hard to follow. Tried condensing it, Sorry. Yes I am going to Dr. soon. Not angry. Hell im laughing and shaking my head at it all. Thx.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
I really don't understand your vitriolic response to my perfectly reasonable questions. And who is Sarah?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
From what ive seen, flyingron is the only knowledgeable member thats replied thus far.?? Im not going to take time to look up vitriolic, but in prior comment from me, I said that I condensed my post so it hit the areas of peoples ridiculous questions and assumptions. I said I wasnt angry, I explained it was condensed and hard to follow, ......? Only amateurs would choose to take print out of text. Two words, guns and suicide, it was taken exactly like the media portrays gun owners and the correlation between mental people and access to guns. Point is, how can questions be reasonable when even I know its pointless not knowing more details?? If anything causes ill feelings it would be that, intentions and direction from members, is not to help my case at all.
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Other words, you think I should answer any more questions?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Pretty much all of the questions asked of you are irrelevant to the central question which, as flyingron suggests, is that under the facts you've stated you look guilty. If the questions raised may help your defense, you can discuss them with your lawyer.
I'm not sure what point you are trying to make with your insults.
If you have questions that you want to ask in this forum, nobody is stopping you from asking them.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
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Stunned
From what ive seen, flyingron is the only knowledgeable member thats replied thus far.?? Im not going to take time to look up vitriolic, but in prior comment from me, I said that I condensed my post so it hit the areas of peoples ridiculous questions and assumptions. I said I wasnt angry, I explained it was condensed and hard to follow, ......? Only amateurs would choose to take print out of text. Two words, guns and suicide, it was taken exactly like the media portrays gun owners and the correlation between mental people and access to guns. Point is, how can questions be reasonable when even I know its pointless not knowing more details?? If anything causes ill feelings it would be that, intentions and direction from members, is not to help my case at all.
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Other words, you think I should answer any more questions?
If you re-read my first post in this thread you will see that I made no assumptions. I was honestly trying to provide you with some assistance. However, in order to do so, I required additional information. I attempted to obtain that information by asking you several questions. You responded by throwing a tantrum.
And yes I think it's perfectly reasonable for me to ask who is Sarah. You called me Sarah when you know perfectly well that's not my username...so really, who is Sarah?
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
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Mr. Knowitall
Pretty much all of the questions asked of you are irrelevant to the central question which, as flyingron suggests, is that under the facts you've stated you look guilty. If the questions raised may help your defense, you can discuss them with your lawyer.
I'm not sure what point you are trying to make with your insults.
If you have questions that you want to ask in this forum, nobody is stopping you from asking them.
My intent isnt insult. flyingron suggested not to talk any more.
Question: Do any of you think this is Good advice or Bad advice?
Yes, I agree it sounds guilty. I had full intention of providing any detail and answering any questions, thats why I came here.
Question: Do I follow Rons advice?
I know that nobody is stopping me from asking away.
Question: Would it make me even dumber (dumb as in posting any info regarding my defense which hasnt been heard yet) by going against Rons advice?
If Rons advice is true and the correct action to take, then that makes no sense to proceed by asking questions. I am assuming that everyone thinks like Ron and silence at this point is #1.
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eerelations
Posts aren't deletable on this site.
That said, I have some questions:
1. Has your wife ever been officially diagnosed (by a psychiatrist) as having a mental illness?
2. If yes, has she ever received/is she receiving treatment for this diagnosed mental illness?
3. Whose gun was it that she was darting to?
4. If your gun, why would you keep a gun lying around the house, given her behavioural issues?
Finally, as flyingron has said, you need an attorney big time. You don't have a hope in heck to get these charges dropped or a judge ruling "not guilty" without an attorney.
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Quoting
eerelations
If you re-read my first post in this thread you will see that I made no assumptions. I was honestly trying to provide you with some assistance. However, in order to do so, I required additional information. I attempted to obtain that information by asking you several questions. You responded by throwing a tantrum.
And yes I think it's perfectly reasonable for me to ask who is Sarah. You called me Sarah when you know perfectly well that's not my username...so really, who is Sarah?
If the prosecutor has not heard my defense and assuming Rons advice is thought of as the best option by all, wouldnt it be more damaging to respond to any questions?
Yes they are good questions under different circumstances. You are assuming I threw a tantrum. Thats my issue that seems to be the problem. Im talking and you see tantrum.?? All by words.
Ron said my post sounds guilty as hell. If I didnt try and answer the gun questions or responded at all, it would have appeared I WAS indeed guilty and left the forum.
Theres tons of questions that are relevant. I apologize if words were taken wrong.??
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
You can either retain a lawyer and talk to your lawyer, or you can continue to post here and ask questions. The choice is yours.
I'm not sure what you are trying to accomplish with your present dithering. Make your choice.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
I bet some members get it Mr. Knowitall.
eerelations. I will tell you who Sarah is in the future.
What is the secret about pointing me to a website that can, illustrate a case involving false charges with mental victim,and give me an idea of what to face. That question was asked in the beginning.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Perhaps what you actually need is a psychiatrist.
Re: Claiming Threats of Self-Harm as a Defense to a Domestic Violence Charge
Lol. I have been there before and im fine. Actually, I searched for feedback about this site and I read several feedbacks that mirrored my opinion. And also found out that very few of you have any education in law what so ever. General consensus is dont come here expecting help. Unless you want to hand over your case file and let you all take over!! Ron seems to be the only attorney on here. Whats it take to have me unregistered from this site? YOU cant!! Never heard of such a thing??