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  1. #1
    Join Date
    Apr 2005
    Location
    Los Angeles, CA
    Posts
    3

    Default Argument Outside Of Divorce Court Results In Battery Charges To Be Filed Against Wife

    MY ENTIRE MARRIAGE HAS BEEN FULL OF ABUSE AND AT ONE POINT IN 2000 MY HUSBAND GAVE ME TWO BLACK EYES AND A BROKEN NOSE AND LEFT BEFORE THE COPS CAME. THEY TOOK A REPORT AND THERE WAS A CASE FOR FELONY SPOUSAL ABUSE FILED AGAINST HIM. HE WAS CONVICTED AND GIVEN A SUSPENDED SENTENCE OF 180 DAYS WITH FIVE YEARS FORMAL PROBATION AND TWO YEARS SUMMARY. DURING HIS SUMMARY HE HAD ANOTHER ALTERCATION WITH ME AND LEFT BEFORE THE POLICE CAME AND THERE WAS ENOUGH BROKEN STUFF AND BRUISES ON ME TO TAKE A REPORT. ONE WEEK LATER THEY CAME BACK AND ARESTED HIM FOR A PROBATION VIOLATION. WE LIVED IN CALIFORNIA AND THE POLICE WERE CALLED TO OUR HOME MULTIPLE TIMES FOR DOMESTIC DISPUTES. THERE WAS EVEN ONE TIME THAT HE CUT HIS OWN ARM AND PICKED UP THE PHONE AND DIALED 911 AND SAID THAT I DID IT AND I WAS ARRESTED AND BOOKED FOR FELONY SPOUSAL ABUSE. I WAS RELEASED THE NEXT DAY AND THE CHARGE WAS DISMISSED. IN APRIL OF THIS YEAR HE FILED FOR DIVORCE AND PURPOSELY DRUG IS OUT AS LONG AS HE COULD AND PLAYED GAMES AND DID NOT COOPERATE AND TRIED TO GET ME FIRED BY SENDING EMAILS TO MY BOSS SO I FILED A RESTRAINING ORDER AND HE RETALIATED BY ALSO FILING ONE AND AT THE HEARING THE JUDGE DID NOT GRANT EITHER ONE BECAUSE WE DID NOT HAVE LAWYERS. SHORTLY AFTERWARDS HE FILED ANOTHER ONE FILLED WITH ALL KINDS OF LIES AND THINGS THAT NEVER HAPPENED. FIRST OF ALL, I HAD IDEA WHERE HE WAS LIVING OR WHAT HE DID FOR A LIVING. HE ALSO DID NOT HAVE A PHONE. THIS TIME THE JUDGE GRANTED HIS RESTRAINING ORDER. EVEN THOUGH THERE WAS A RESTRAINING ORDER HE STILL CONTINUED TO CALL ME, EMAIL ME AND SHOW UP AT MY HOUSE LIKE NOTHING HAPPENED. OUR NEXT HEARING WAS OUR MEDIATION AND HE WENT THROUGH THE WHOLE ENTIRE THING AGREEING TO SETTLE AND GET DIVORCED THAT DAY UNTIL THE END WHEN HE STOOD UP AND DEMANDED A TRIAL AND STARTED CALLING ME NAMES. HE FOLLOWED ME OUT OF THE COURTHOUSE AND STARTED TAUNTING ME SAYING THINGS LIKE HA HA NOW YOU ARE GOING TO HAVE TO SPEND EVEN MORE MONEY AND HIRE A LAWYER. YOU DID NOT GET YOUR WAY. I WON, ETC. KEEP IN MIND I SPENT 5K ON TRYING OT GET DIVORCED AND HE SPENT ONLY THE FILING FEE. HE CONTINUED TAUNTING ME AND BLOCKING MY WAY TO MY CAR AND I STARTED YELLING AT HIM AND PUSHING HIM OUT OF MY WAY. HE THEN TURNED AROUND AND RAN BACK INTO THE COURTHOUSE AND FILED ANOTHER RESTRAINING ORDER AND POLICE REPORT AND GOT A FEW HOMELESS PEOPLE IN FRONTOF THE COURT TO ACT AS HIT WITNESS AND SOMEHOW CAME UP WITH SOME RED MARKS ON HIS FACE AND A CUT BEHIND HIS EAR. I NEVER TOUCHED HIS FACE OR EAR, NEVER PUNCHED WITH A CLOSED FIST ALL I DID WAS PUSH HIS BACK AND CHEST. A COUPLE OF WEEKS LATER I GOT A CALL FROM A DETECTIVE AND MY LAWYER AND I WERE SUPPOSE TO HAVE A CONFERENCE CALL TO CLEAR EVERYTHING UP AND A WEEK OR TWO LATER SHE CHANGED HER MIND AND DID NOT WANT TO HAVE ONE. MY GUESS WAS THAT MY HUSBAND WENT DOWN THERE AND PRESSED CHARGES AND I WAS RIGHT HE DID AND ONLY ONE OF THE HOMELESS PEOPLE HAD AN ACTUAL ADDRESS AND HE OR SHE MADE A STATEMENT TOO. I AM SURE THAT HE PAID THIS PERSON TO DO THIS. MEANWHILE, I GET A LETTER FROM THE CITY ATTORNEY SAYING THAT I AM GOING TO BE ARRAIGNED ON DEC. 13 IN VAN NUYS FOR BATTERY 273.5(a). I PLEAD NOT GUILTY AND THE JUDGE SLAPPED ANOTHER RESTRAINING ORDER ON ME FOR ONE YEAR BECAUSE THE OTHER ONE MY HUSBAND HAD BEEN LIFTED AT HIS REQUEST. NOBODY KNOWS WHERE MY HUSBAND LIVES AND HE HAS NO PHONE NUMBER. ON THE POLICE REPORT HE PUT DOWN OUR OLD ADDRESS, HIS PO BOX AND TWO DISCONNECTED CELL PHONE NUMBERS. THE JUDGE ALSO TOLD ME THAT I HAD TO GO NEXT DOOR TO THE JAIL TO BE BOOKED AND RELEASED ON MY OWN RECOGNIGENCE WITH NO BAIL AMOUNT SET. PRETRIAL IS SET FOR JAN. 13. THE ONLY OTHER THING ON MY RECORD IS A WET WRECKLESS DRIVING WITH NO INJURY IN 1997. I WENT TO THE COURT WEBSITE AND PULLED UP MY RECORD AND THE 273.5(A) SHOWED UP AND ALSO A 422 WHICH IS MAKING A CRIMINAL THREAT. I HAVE NO IDEA WHAT THAT IS ALL ABOUT. MY HUSBAND TOLD ME THAT HE WAS EVENTUALLY GOING TO PAY ME BACK BECAUSE HE THINKS IT IS MY FAULT THAT HE VIOLATED HIS PROBATION. THE PROSECUTOR GOT US BOTH UP ON THE STAND AND JUST BY HIM ADMITTING TO DOING DRUGS DURING HIS PROBATION WAS ENOUGH TO SEND HIM TO JAIL. I HAVE NO IDEA WHAT TO EXPECT AS AN OUTCOME TO THIS MESS HE HAS AGAIN MADE FOR ME. I THOUGHT THAT THE DIVORCE BEING FINAL THAT I COULD FINALLY START A NEW LIFE BUT I GUESS NOT. I FORGOT TO MENTION THAT HE IS BI-POLAR AND IT IS NOT TREATED WHICH I KNOW IS A BIG CAUSE OF SOME OF THE PROBLEMS WE HAVE HAD.

  2. #2
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Argument Outside Of Divorce Court Results In Battery Charges To Be Filed Against

    Typing in all CAPS is considered shouting on the Internet.

    Please edit your post into paragraphs so a person can read it.

    Please consult a criminal defense attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Argument Outside Of Divorce Court Results In Battery Charges To Be Filed Against

    Sadly, you continued to let him back into your life even AFTER he assaulted you and gave you two black eyes!

    When the restraining order was issued, did you report the violations? Were you allowing him to come over and stay? Did you permit him to stay even if you did not invite him?

    I can see the cops and the courts being more than a little frustrated here.

    To clear something else up, your husband does not "press charges" - the state does. He can ask that you be prosecuted, but it is the District Attorney that decides if charges will be filed.

    Ultimately the state has to prove the matter in court. If the case is as shoddy as you say, then it will not likely go very far. However, most courts have cameras that cover the outside of the building ... if you DID hit him in the face or ear, be ready for that to pop up in living color.

    Speak to an attorney - you need one because you face two felony charges. And do not speak to, communicate with, or otherwise engage this man in any way.


    - Carl

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