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Kidnapping Charge with No Evidence

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  • 11-06-2017, 09:15 PM
    meganann
    Kidnapping Charge with No Evidence
    My question involves criminal law for the state of: Wisconsin

    My father was involved for several years with a married woman. Recently after coming to his senses and realizing the woman in question would not leaver her SO my father decided to move in with me several states away. The woman some how found out and started begging and pleading he stay in state. She even started showing up at his home unannounced on several occassions, started texting, messaging calling at all hours and At one point a friend of mine was over and had to tell the woman to leave and physically pushed her out of the house.

    About two weeks before he was ready to leave the state the woman showed up again at the house and sat with my father in the garage, at this point my father was just trying to be nice and not cause any issues as her mental state was starting to worry him and he just wanted to make a clean break and get the hell out of dodge. At some point my father got up to go the bathroom came back from the bathroom and the woman was gone. Later police showed up at the residence and arrested my father for battery, damage to personal property and holding the woman hostage. The woman claims my 100% disabled father repeatedly held her arm behind her back then held her at gunpoint and threw her phone at her breaking it. The other day they had the hearing at court and the police officer came to the stand and there is zero evidence of any of this taking place.

    No phone was found, no marks or injuries to the woman. He did have a gun at the residence tucked away in a drawer that hes had for years. But still with no evidence the judge decided it was enough for probable cause and is taking the case to trial. I'm at a lost as to why with nothing but a womans word no proof what so ever that this can ruin my fathers life and how it could even go to trial to begin with? The womans story doesnt even add up why if some one was going to hold you hostage would he get up go the bathroom and leave you alone?

    On top of all this the woman put a restraining order on him and even today is texting him from a different number asking to come over to drop some of his things off and as we speak is sending music videos of songs they both loved to listen to together. He ofcourse is not responding because of the restraining order but im left sitting here states away wondering how a mentally unstable woman can make up allegations and put my father through all of this. My father does have an attorney and will be calling him in the morning about her trying to contact him again. Does anyone have any advice or had any similar situations. i am worried sick for my father!
  • 11-07-2017, 08:49 AM
    Mr. Knowitall
    Re: Kidnapping Charge with No Evidence
    You appear to be indicating that there was a preliminary hearing held in the case. If in fact all of the testimony at that hearing indicated that "there is zero evidence of any of this taking place", then the judge would have found a lack of probable cause and declined to continue the case. If what you mean is that your father tells a very different story, and you believe that a judge or jury will believe that story, then your father's lawyer can discuss the case with the prosecutor to see if he can inspire the prosecutor to believe that the complainant's story is not credible.

    If your father is being contacted by this woman, he can bring that to the attention of his lawyer, and his lawyer can advise him as to whether it would make sense to petition to terminate the order of protection. He should not respond, as he does not want to get into even more trouble by violating the order.
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