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  1. #1
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    May 2014
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    9

    Unhappy Charged With Domestic Violence After Calling the Police

    My question involves police conduct in the State of: Texas. Can I sue the police for arresting me after I was violently beaten by my husband? I came home from work to find my husband intoxicated . He has beaten me before and stalked me. The previous 5 year protective order had just expired. And as a side note, I was using a walker as I had just gone back to work after major surgery.

    I called 911 and when the police came they called an ambulance for me. I advised them that I would see my own doctor as I couldn't afford to go to the hospital in an ambulance. They called anyway and EMT's came. I was in shock from the assault as he had strangled me and tried to break my ribs. I refused to be transported. They kept asking questions that didn't make sense to me and took my phone when I was trying to call for help. I kept telling them he has done this before, and that the protective order has just expired.

    The police became angry and placed me under arrest. I was so confused as how was I going to get medical treatment in jail. They called EMS again and I was transported. My ribs were x-rayed and they were only badly bruised. The police stood outside the door and told the ER Dr that I had just beaten up a "poor old grandpa." Then I was taken to jail.

    My neck wounds were cleaned by the jail nurse and she got me a wchr when I told her I was not allowed to walk without an assistive device for 3 more weeks. Then I was placed in a cell for two days. Then I was chained up to other prisoners and arraigned. This was also the first time my miranda rights were given.

    After being bailed out by my sons and sister I was homeless. I had no clothes, no phone, no money because the police told him to go to ATM to get my money. I couldn't go home because he was there.

    I went to work that first day with a scarf covering my neck but I couldn't hide my black eye and scratches and bruises.

    My husband had fled the area after this because he knew the police arrested the wrong person and he feared of them realizing the mistake and coming after him.

    At court the DA refused to drop charges. My attorney said he had never seen anything like this in his 31 years of experience. They offeredme a plea bargain with 100 days in jail which I refused. My trial by jury is in June and I signed a motion of withdrawel due to not having the $6000 for trial. My attorney referred me to several pro bono Civil Justice Lawyers but I am waiting and collecting evidence.

    My future ex husband admitted guilt and signed an affidavit that has been filed. Now I'm just waiting for the case to be dismissed. Also, when I look online at the police report, it has ME being charged with assault, and aggravated strangulation and engender suffocation. That's what he did to me! I did not hurt him.

    I have been depressed so deeply that I didn't know I am capable of feeling like this. I can't focus at work. I cant concentrate, focus or carry on an intelligent conversation. I borrowed everything I had to start over with my son

    Do I have a civil case? I lost a year of my life. My whole 59th year is gone. I lost all my money, didn't get the trandfer I was offered because I have to stay here due to bail conditions. I now have a criminal record, I can't live like this. Please help me..I have no money so it needs to be pro bono. Thank you very much.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Arrested After Making 911 Call for

    Quote Quoting Jane D.
    View Post
    My question involves police conduct in the State of: Texas. Can I sue the police for arresting me after I was violently beaten by my husband?
    Generally, no.

    I came home from work to find my husband intoxicated . He has beaten me before and stalked me. The previous 5 year protective order had just expired. And as a side note, I was using a walker as I had just gone back to work after major surgery.
    You state here what he had done before, but what did he do THIS time?

    The police became angry and placed me under arrest.
    What crime were you charged with? Knowing that might help shed some light on what happened.

    This was also the first time my miranda rights were given.
    Miranda is not required in about 9 out of 10 arrests. Generally, it is only required when/if you have been both arrested and interrogated.

    They offeredme a plea bargain with 100 days in jail which I refused. My trial by jury is in June and I signed a motion of withdrawel due to not having the $6000 for trial. My attorney referred me to several pro bono Civil Justice Lawyers but I am waiting and collecting evidence.
    If you cannot afford an attorney, the court should appoint you one. Do they believe you have assets or cash to draw upon for a defense attorney?

    My future ex husband admitted guilt and signed an affidavit that has been filed. Now I'm just waiting for the case to be dismissed.
    It's no guarantee that it will be dismissed. Since about 75% of DV victims (granted they are usually women) will decline to assist in prosecuting their abusers, it might not be surprising to find him recanting ... arguably, he could be suffering from the same victim syndrome that female victims often suffer from.

    Do I have a civil case?
    Not from what you have written here. You'd need a lot more. And with the DA apparently concurring with the allegations and pursuing charges, that adds another level of cover for the police acting on probable cause (the legal standard for an arrest) that might protect them from any claim of malfeasance.

    Tragic, to be certain, but not all tragic occurrences are actionable.

  3. #3
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    May 2014
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    9

    Default Re: Charged With Domestic Violence After Calling the Police

    Thank you, I my ex has a record of domestic violence. I have a clean record. He not only strangled me but our three daughters in front of witnesses. They will all testify if this goes to court. He was drunk, I was 100% sober which was documented at hospital. I have all records except Police Report and transcript from the 911 call I made. He signed a written affidavit that he was the agressor. No one knows why I was arrested but neighbors heard my ex and APD outside my house laughing and joking about this. My life and career have been ruined.

    - - - Updated - - -

    And btw I am female.

  4. #4

    Default Re: Charged With Domestic Violence After Calling the Police

    Quote Quoting Jane D.
    View Post
    I came home from work to find my husband intoxicated .
    Did he just happen to be visiting in celebration of the recently expired 5 year protective order, or was he LIVING in the home with you?

  5. #5
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    May 2014
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    9

    Default Re: Charged With Domestic Violence After Calling the Police

    He lived there. I left the state where we previously lived. He followed me here. I moved out and he drank himself to the point of homelessness. I took him back, I thought he would change after the surgery. He didn't.

    - - - Updated - - -

    A few more details. The public police report says I was charged with strangulation. I was the one strangled. I did not strangle my husband. I was disabled and weak from my surgery. When I spoke to the detective he advised he was surprised that this case was referred to him because he only works on felonies. Although the public report states this the detective said that he was not aware of this charge as it has disappeared from his file. But it is still online with my name for anyone to see.

    - - - Updated - - -

    He lived there. I left the state where we previously lived. He followed me here. I moved out and he drank himself to the point of homelessness. I took him back, I thought he would change after the surgery. He didn't.

  6. #6
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    Sep 2005
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    Default Re: Charged With Domestic Violence After Calling the Police

    Quote Quoting Jane D.
    View Post
    They offeredme a plea bargain with 100 days in jail which I refused.
    Very clearly, the prosecutor does not believe your version of events. I am not in a position to tell you what evidence the prosecutor has, but I expect it's both your husband's statements at the time they responded to the scene as well as their observation of marks on your husband consistent with the prosecutor's theory of the case. It also sounds like you were confused and acting erratically, with behavior including trying to call somebody on your cell phone when the police were questioning you.

    our husband's statement asking that the charges be dismissed does not guarantee that the charges will be dismissed. Retractions in domestic violence cases are usually false. The fact that he has now retracted his charges suggests that he did originally accuse you of attacking him. If so, then you need to direct your ire at him.

  7. #7
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    May 2014
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    9

    Default Re: Charged With Domestic Violence After Calling the Police

    Thanks, I have no idea what is on the police report. He told our daughter he doesn't remember. I don't believe I was acting erratically by calling my sons to come home. I saw what was happening to me and knew I my sons to back me up. My sons have been at the receiving in for years. Yes, his story was made up but the police and DA bought it. I do have all documentation to back up my story as well as text messages on my consiscated cell phone that will prove he lied. There is a 911 call which has a timeline of events that also will prove he lied. The phone is held as evidence so I know I can't get that.
    Is there a way to get a copy of the Police Report so I can see what he said?

  8. #8
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    Sep 2005
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    Default Re: Charged With Domestic Violence After Calling the Police

    I expect that your former lawyer already has a copy.

  9. #9

    Default Re: Charged With Domestic Violence After Calling the Police

    Situations like this are EXACTLY why persons in relationships that have elements of domestic violence or abuse should be getting OUT of those relationships. Odds are that if you choose to allow abusive persons to continue to be part of your life, they WILL do so, and WILL continue to find new and exciting ways to screw you over, up to and including getting YOU arrested for domestic violence (this dynamic is WAY more common than you might imagine). Don't sit around hoping that they'll change; if they wanted to behave differently, they WOULD; instead, get out and STAY out until their efforts are readily apparant and change is VERIFIED.

  10. #10
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    May 2014
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    9

    Default Re: Charged With Domestic Violence After Calling the Police

    Thank you for responding to my qustions. I feel like I'm in the Twilight Zone sometimes. If my former attorney has it, it wasn't given to me. I will follow up tomorrow and ask. Do former attorneys hand over their files to clients? My attorney was the person referring me to a Civil Justice attorney. I have aletter from him stating my rights were violated. I wish I could afford to keep him but I'm struggling as I borrowed money from my 401k and I am paying back loans. As a side note, due to financial problems I can't afford to get my yearly follow up for my meningioma. My health is rapidly declining. A friend told me to accept a plea. I did nothing wrong. I caused no injuries to him. This man is a psychopath and our marriage was based on lies. (I was young, stupid and in love-he told me his name was something else from his own. I only found out when we moved to Tx. My children and I do not even have the same spelling as he does. I'm told to direct my ire toward him. He is a sick mentally disabled man. We went to counseling three times in our marriage and when he was on the hot seat he would walk out each time. So the kids and I went to counseling together for 10 years. He checked in to a mental health facility once and walked out. There is so much abuse from this man, I could write a book. It is not easy to believe my story but I have evidence to back up every thing I have said. When this assault first happened I borrowed money to pay a private attorney but as this has gone on for almost a year I am tapped out. Can you tell me how to get a court appointed attorney?

    - - - Updated - - -

    Yes, I know this now. Can I seek help from domestic violence centers? Before I moved to Tx I was involved with a local group. I was advised that since I have been labeled as the perpetrator that I can't get help. I need help desperately. I'm in a bad situation mentally.

    - - - Updated - - -

    I'm not sure if my first posted. I need DV help. I can't deal with this alone anymore. How does someone like me get counseling if the DA says I ws the aggressor?

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