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  1. #1
    Join Date
    Aug 2013
    Posts
    11

    Default Habit Evidence vs Character Evidence

    My question involves criminal law for the state of: North Carolina

    I'm accused of assault on my ex wife.

    I had to push her back because she was hitting me and kicking me, and I just left the house. She has one bruise on a arm and called the police 2 days after.

    She did the same in the past, apparently to her ex husband (who cannot be witness because he was deported....thanks to her), AND she did at least 3 times to her son (14y old) who lives with me now (I got the temporary custody from the social services)

    I have video from her son where she admits she hit him and scared him away with a knife, I have a video from 1 year, where she hit my car, smash my guitar on the ground, come at me and I have 2 reports from the social services (one safety plan saying she was violent or/and out of control and one report with the conclusion of "neglect in injurious environment")
    She cannot have any contact with her son (14 y) and our son (3 y) without supervision of a social worker.

    HOW can my lawyer bring it as evidence because it's not related to the night of my case. (it will be misdemeanor but in superior court)

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Self Defense: How to Show in Court the Pattern

    your lawyer would be well educated in how to get this into evidence at trial or if it's not appropriate...you cannot force your lawyer to enter evidence .. you basically handed over the strategy of the case to him.

    So unless you want to file an additional appearance in the case pro se but still keep your lawyer on or get a new lawyer ..

    You could testify to these facts ya know. Video would not be needed. Or what ever witnesses were there could testify. That's better than a video IMO.

  3. #3
    Join Date
    Aug 2013
    Posts
    11

    Default Habit Evidence vs Character Evidence

    My question involves criminal law for the state of: North Carolina

    (I already post an other question in the matter of my case)

    My ex wife accused me of assault on her.
    That night, I pushed her on the side when she was hitting me and kicking me. Two days after she called the police on me, she had one bruise on her arm.

    She is violent, she did almost the same with her ex husband (she s been married 4 times) who cannot be witness because he was deported because of her (she refused to sign for his green card after an argument).

    She punched her son (14 y old) several times, on at least 3 differents occasions, the social services place her son (my step son) and my son (3 y old) with me and she is not allowed to have any contact with them without their supervision.

    She admitted she smashed my guitar and hit my car (I have a video of that). She admitted on oath she threw in the past an object to me. She admitted on oath she destroyed my computer by jealousy.

    At what point I can use those evidence, are they "habit evidence" or "character evidence".

    Thank you

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Habit Evidence vs Character Evidence

    If you are trying to argue that she has a violent character, that's character evidence. But you should expect that the court will have no interest in that argument, as the charge against you is the result of your act of violence against her. If you believe you can build a self-defense argument, talk to your lawyer.

  5. #5
    Join Date
    Aug 2013
    Posts
    11

    Default Re: Habit Evidence vs Character Evidence

    ok, but she has the habit to kick and hit everytime she is upset, does that become habit evidence ?

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

    Default Re: Habit Evidence vs Character Evidence

    Again, that's not going to fly.

    If you are claiming self-defense, you can present your claim that your shove was a reasonable act of self-defense. If not, then not.

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