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  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default False Assault Charge

    My question involves criminal law for the state of: Washington

    My boyfriend just got a court summons for an assault charge that supposedly took place back in May of this year. The person who is accusing is the mother of his child (Never in a relationship). He is currently on probation for a drug related charge and it ends in February it has been two years (Probation was extended due to violation he was told to go to drug and alcohol treatment he did not have the money he was un-employed.) He and this women did not have contact from April to July didnt see her, talk to her, or even live in the same town. In the past he has been a poor excuse for a father and I believe she has found out that when he finishes treatment and his probation ends he will seek legal rights to his 7 year old son and wishes to prevent it. She has in the past threatened to get a restraining order against him so he cannot see his son.

    1.What are the legal ramifications for this women trying to charge him with assault falsely and how can we pursue them?
    2. How can we protect his rights for his son to she cannot get a restraining order against him?

  2. #2

    Default Re: False Assault Charge

    Quote Quoting MadMay
    View Post
    1.What are the legal ramifications for this women trying to charge him with assault falsely and how can we pursue them?
    SHE can't "charge him" with anything. What she CAN do is file a police report. From there it's on the DA's shoulders to decide whether or not to pursue a criminal charge against him. Since he actually GOT a court summons (assuming it's for criminal court, since you indicate that the summons is for an assault charge), then the DA has apparently already MADE the decision to attempt to pursue the case. The burden now rests on the state to prove the elements of the crime of which he's been accused.

    2. How can we protect his rights for his son to she cannot get a restraining order against him?
    He can't stop her from ASKING for the order, but he has every right to defend himself against whatever she's accusing him of.

    In BOTH questions, he'd be best served by retaining the services of a criminal defense attorney, especially since either of these issues could violate his probation and send him back behind bars.

  3. #3

    Default Re: False Assault Charge

    The best defense is an even better offense... How you choose to attempt 'that', is of course, up to you.

    I assume what the poster is saying is: the mother filed a false police report for starters? (and round we go)

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: False Assault Charge

    Aardvarc continuously used the word "HE." Let him work this stuff out. You involving yourself can cause more damage. Especially considering the petitioner is the mother of his child. Any direct involvement from you can possibley entice her to go harder than she already has. If the court finds her allegations false or weak, they won't pursue them. You guys keep your distance from any negative contact and allow for the court to take it course. He'll be allowed to defend his position.

  5. #5
    Join Date
    Oct 2011
    Posts
    2

    Default Re: False Assault Charge

    We have learned through a relative that she is accusing him of punching her in the stomach while pregnant. We are poor and cannot afford an attorney. He got no notification from the police involving any kind of report. viol8te I understand what you are saying I am merely trying gather information. I have never talked to the woman or attempted in any way nor will I have any part in court.

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