Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Falsely Accused of Domestic Violence by Bipolar Girlfriend, Off Her Meds

    My question involves criminal law for the state of: Arizona

    My gf of 17 years (off and on) called the police on me Monday morning and reported that I beat her up. I was on my way home to talk to her and eat lunch when I got pulled over by two Sheriffs and was promptly arrested. I spent 26 hours in the local jail. I did tell the cops she's SMI (Bi Polar Type 1) and she stopped taking her medication as of last Wednesday. They didn't care. We did get in an argument Sunday night. I did not once strike her, and only pushed her off of me to get her away. I was so frustrated that I ended up punching a hole in my drywall.

    This morning in video court, she was allowed to speak and told the judge that she fears for her life and that I shouldn't be released. The judge asked for my response and I said she's Severely mentally ill (per the state) and off her medication. She responded saying she had not stopped taking her medication and that I was lying.

    I have a chat log showing where she told me she stopped taking them

    January 21st is when this conversation took place.
    me: if you wanted this to work, it would've
    1:44 PM
    her: I guess so
    1:49 PM
    me: i know so
    1:53 PM
    her: Im sorry I hurt you. Ive felt it
    44 minutes
    2:38 PM
    me: whens the last time you took your meds?
    2:39 PM
    her: Like 3 hours ago...

    me: and before that?

    her: Wed night
    2:40 PM
    me: if you don't get some sleep soon you're going to lose it
    2:41 PM
    that's not my opinion that's fact

    her: I got up at 2 yesterday. I'm not going to lose it.

    me: yes, you've been steadily not taking your medicine at the right times

    and missing dosages

    it doesn't work

    like that
    2:43 PM
    if you want to argue about it that's fine. you've made it clear that i'm not your "father" and obviously you're capable of taking care of yourself
    2:44 PM
    her: I know I need to get up earlier and take my meds.



    I also have a chat log where she talks about her last off meds manic episode and how she thought I was trying to kill her.

    January 15th

    10:58 her: i dont. and thanks again for that.
    i didnt know what i was doing and you know it. did i seem normal when you saw me. my delusion was that you were trying to kill me
    10:59 AM
    dont yoiu realize that im still dealing with it too. its horrible
    11:00 AM
    homeless shelters hospitals. i had nobody

    I have never been charged with anything. I'm 32 years old, a veteran, and also a Federal Employee. These chat logs are in my Gmail chat logs. This is the worse thing I've ever been through in my life. It all started because I told her I wanted her to move out. Our agreement was that I would take care of everything, as long as she took her meds, and she broke that agreement. What do I need to do to get rid of these charges? I live in Arizona and it seems like I'm guilty until proven innocent.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    Why were you engaging her like that? And you pushed her (that's assault and/or battery)? And then you punched a hole in your drywall?

    Are you getting help for anger management? Control issues?

    Who diagnosed her as being "severely mentally ill"? Under what circumstances?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    "SMI" is not a legal term, nor is it a medical diagnosis in and of itself.


    You need an attorney. The texts you've posted here are not painting you in a favorable light, and neither are your actions. So speak with an attorney, and only to that attorney.

    (You deleted the thread on the other forum, huh? Interesting. Wonder why you did that)

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

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    He struck again. Obviously not the right forum. I guess he was looking for a pro batterers forum.

  5. #5
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    I'm truly sorry. I didn't know this was going to offend people. I don't' condone beating women, and I know it's extremely wrong. SMI is a term that at least Arizona uses to classify someone with severe mental illness. The whole situation is terrible. She needs help is the bottom line. I can't begin to tell you how dangerous someone diagnosed as Bipolar Type I off their medication can be. Obviously this isn't a mental illness forum, so I understand why this is the wrong place for this.

    And yes, we were high school sweethearts. The mental illness didn't start to get really bad until she was about 28. Almost every year there's about 3 months of homelessness, drug use, and hyper sexuality. It is very hard to deal with, but until you've lived it, it's hard to understand.

    I'm sorry if I offended anyone.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    It would seem that your girlfriend called the police to report that you had attacked and threatened her. The police investigated, she confirmed her initial report and showed them where you punched a hole in the wall. They then contacted you and you claimed, "She was off her meds, we got into an argument, and I pushed her but only so I could get away. Then I punched a hole in the wall." And, having heard hundreds of "It wasn't my fault I pushed / hit my girlfriend" stories over the years, they proceeded to treat it like all the others. Then, in court, your girlfriend again "stuck with her story".

    The first issue is whether you could bring in the bipolar issues and possible past delusions that you wanted to hurt or kill her. The thing is, whatever state of mind she was in back when she sent you a text suggesting that she has delusions about you, it has to be somehow related to what was going on at the time of the argument and shoving. That's not necessarily easy - it's not necessarily possible. So you need to be working with a good lawyer to try to formulate any such argument and how you might get the mental health issues into evidence, or at least hve the prosecutor consider them in relation to a possible disposition.

    The second issue is why you argued with a person you claim is unstable, to the point that it became physical, rather than withdrawing. You have not made clear what you mean by, "[I] only pushed her off of me to get her away" - how was she "on" you, and why couldn't you get away without pushing her? And if your goal was to get away, why didn't you then leave? If you were in control of your emotions, why punch a hole in the wall? I'm not suggesting that you answer the questions here, but you need to discuss these issues with your lawyer. As you've been told, pushing somebody is a battery - and it's not clear from the limited facts you've presented that you had a valid privilege (a reason the law deems sufficient to excuse the battery, such as self-defense or a police officer's right to physically subdue somebody he is arresting) to lay your hands on her.

    If you have no record, you may be eligible for a first offender program for domestic violence cases - most jurisdictions have them. You should consider discussing the availability of such a program with your lawyer, if you're interested in the possibility of a deferral.

  7. #7
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    Thank you for the information. I'm not condoning my actions at all. It was a terrible fight that never should have happened.

    However, her statement that my charges are based on is completely false. To be honest, I'm more worried about her manic episode and the fact that she's unmedicated. I have a no contact order, but I'm really the only person she has. I am actually her mental health appointed guardian so I did previously have the power to have her checked in. I wish I would've taken that route, but it's too late.

    I appreciate the sound advice, and I am 100% with you guys on the fact that violence is terrible in any faucet. It's just tough to swallow that no one even asked me what happened, or looked further into seeing if she needs mental health attention. I'm no victim, but honestly, it's the hardest job I have ever taken on to care for this person, and I probably needed a break. If you can't tell, I'm totally ashamed of the whole situation. It's tough hearing what you guys are saying, but it definitely sheds light on why I am being lumped into the category of a low life woman beater.

    I will definitely look into a first time offender program. Thank you for the heads up.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Smi Girlfriend Off Meds Falsely Accuses

    The OP should stop focusing on his GF and start thinking about his defense. Yapping to cops is not the way to help yourself.

    The state will have to prove the facts of the case. The OP's lawyer should consider if its in the best interest to attack the GF in this case.

    1. Sponsored Links
       

Similar Threads

  1. Child Abuse: Falsely Accused of Domestic Violence and Child Abuse
    By rusty1923 in forum Abuse and Neglect
    Replies: 2
    Last Post: 12-17-2010, 04:11 PM
  2. Assault & Battery: Falsely Accused of Domestic Violence Assault
    By carebear in forum Criminal Charges
    Replies: 3
    Last Post: 09-05-2008, 01:08 PM
  3. Defamation: Wife Falsely Accusing Me Of Domestic Violence
    By duwell in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 03-21-2008, 10:39 PM
  4. Domestic Violence: Both My Girlfriend And I Were Arrested For Domestic Violence
    By 2nd2none26 in forum Criminal Charges
    Replies: 2
    Last Post: 07-24-2007, 12:07 PM
  5. Retail Fraud / Shoplifting: Bipolar disorder, ran low on meds and shoplifted at Safeway in California
    By Legal Help in forum Criminal Charges
    Replies: 18
    Last Post: 09-24-2006, 10:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources