Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Default Help With A False Assault Charge

    Super Bowl Sunday my boyfriend and I decided to invite a few friends and family to our house to watch the game. My boyfriend's father and three of his brothers came over, as well as my best friend. We were all having a good time, but after the second half of the game; My boyfriend and I went into our bedroom and got into an argument. We decided that one of us needed to leave to let things cool down between us. I didn't have my car at the house that day so my boyfriend went into the living room and asked my best friend to take me home. My boyfriend came back into our bedroom with my best friend following behind him and my boyfriend's father and one of his brothers behind her. I was sitting in the floor crying because of the argument between my boyfriend and I. When my friend saw me crying she began yelling at my boyfriend and grabbed at his neck leaving scratch marks on him. When he turned around to face her, she slapped him across the face. She then began hitting and clawing at him, leaving a large bruise and claw marks on his arm. My boyfriend then grabbed her fists and pushed her away from him. She fell on her back on the bed and started kicking him. My boyfriend then grabbed her boots to keep her from hurting him any further. She then quit kicking, he dropped her feet and the whole thing was over. I left with my friend and I thought the situation was done with. Later that week a my boyfriend's friend called him saying that my friend was going around town telling everyone that my boyfriend had beat her up and she was going to press charges. The following Thursday after the Super Bowl, my boyfriend was arrested at our house for domestic assault. He spent nine hours in jail and had to go to court the next morning, and is due back in court soon. It turns out that my friend told the police that my boyfriend "attacked her in a drunken rage and grabbed her and threw her to the ground, leaving bruises all over her arms." Her whole story is made up and my boyfriend could be facing up to 11 months and 29 days in jail, and is having to pay a lawyer to defend him because of her FALSE allegations.

    I want to know if this is a case of domestic violence since it was between my boyfriend and my friend?
    And what should I do to make sure my friend doesn't do this again??
    Did she break the law by lying to the police and having my boyfriend arrested for something that just never happened?
    Can my boyfriend sue her for his lawyer's fees and defamation of character??

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Help With A False Assault Charge

    Q: I want to know if this is a case of domestic violence since it was between my boyfriend and my friend?

    A: It depends on the statutes in your state; in any event, it is still an assault charge.


    Q: And what should I do to make sure my friend doesn't do this again??

    A: Ask him not to hit anyone.


    Q: Did she break the law by lying to the police and having my boyfriend arrested for something that just never happened?

    A: The court will have to decide that one.


    Q: Can my boyfriend sue her for his lawyer's fees and defamation of character??

    A: Yes; it will take about $20K and three years, with no guarantee that he will win. But, you need to know that false reports to the cops are rarely allowed as a basis for a defamation suit.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Simple Assault Charge with Prior 3rd Degree Aggravated Assault Felony
    By Annie14 in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2011, 06:46 PM
  2. Assault & Battery: False Assault Charges
    By cmbrose64 in forum Criminal Charges
    Replies: 1
    Last Post: 09-22-2009, 09:10 PM
  3. Assault & Battery: False Reporting of an Assault
    By princess1020 in forum Criminal Charges
    Replies: 3
    Last Post: 12-22-2008, 02:55 PM
  4. Domestic Violence: Victim Of False Assault Charge
    By RoryGirl207 in forum Criminal Charges
    Replies: 6
    Last Post: 06-27-2007, 03:12 PM
  5. Assault & Battery: False charge of aggravated assault with a deadly weapon
    By Rex in forum Criminal Charges
    Replies: 4
    Last Post: 12-24-2005, 03:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources