Unlawful Detention Dismissal

I didn't assume you are the defendant. I simply explained how the forum works. Not that it matters what people assume. You've been abrasive from the time of your second post. If anybody has been rising above the bait, it's the people trying to help you despite your attitude.

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Quoting jpfl64

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If the case is based on her fear of him, is it a germaine argument to A) show he has NOT been contacting her and B) she DID plan on contacting him?

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(A) is to be expected. He's not supposed to contact her. As for (B), how would he know?

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Quoting New York Penal Code, § 135.05 Unlawful imprisonment in the second degree.

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A person is guilty of unlawful imprisonment in the second degree when he restrains another person.

Unlawful imprisonment in the second degree is a class A misdemeanor.

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Aaron,

I apologize for grouping you in with those who did insinuate I was the defendant. LawResearcherMissy did, however--and perhaps it was an error on her part..others followed.

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Quoting LawResearcherMissy

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Honestly, if you cannot, without the help of strangers, come up with a good reason why you held someone against their will, you're in no position to ask for a dismissal.

If you're looking for a reduction, consult an attorney.

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I have not tried to be abrasive, and I apologize to those who felt I was. I was curious, and since I am NOT an attorney, was asking a question. My >subjective< feeling was that of extreme disapproval when I myself did nothing wrong, and was asking a question. Perhaps I mistook the tone of LRM as antagonistic. If so, I apologize, again. Truly, I was here to ask what I thought was a reasonable question for a non-attorney to ask.

(A) is to be expected. He's not supposed to contact her. As for (B), how would he know?[/QUOTE]

B--she ran into his mother and was speaking with her. We live where cows are more plentiful than people so it is not uncommon to run into the same people over and over and over again.

A)--Let me expound...he not only has not contacted her, he has removed himself from public areas when she has arrived there (like I said--not uncommon to know most people just about anywhere you could care to go).

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Quoting jpfl64

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I have not tried to be abrasive, and I apologize to those who felt I was. I was curious, and since I am NOT an attorney, was asking a question. My >subjective< feeling was that of extreme disapproval when I myself did nothing wrong, and was asking a question. Perhaps I mistook the tone of LRM as antagonistic. If so, I apologize, again. Truly, I was here to ask what I thought was a reasonable question for a non-attorney to ask.

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I'll accept your apology.

Understand that when Aaron pointed out that sugar coating reality does no one any good, he wasn't kidding. We don't DO "IMHO" and all that here. The law, she is harsh sometimes. Best to not pretend she is something else.

It doesn't matter WHO the defendant is. It could be Mother Theresa - the answer would still be the same, exactly as written.

There are matters far too serious to be trusted to anyone but a qualified professional. This is one of them.

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Quoting LawResearcherMissy

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It doesn't matter WHO the defendant is. It could be Mother Theresa - the answer would still be the same, exactly as written.

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There are no court's in Heaven, only on the way there!! ;)

Dismissed - most likely not; it's the job of a prosecutor to get a conviction and to compel complainants to testify if they have a change of mind. I am surprised that the officers didn't word the arrest report to indicate domestic violence and take both of them downtown. ...but that is how I opine.