Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2008
    Location
    Eldred, Pennsylvania
    Posts
    35

    Default False Allegation of Assault to Win a Custody Case

    My question involves criminal law for the state of: Pennsylvania

    I learned tonight from the officer handling the case that my ex has filed a statement, saying that I broke into her house and strangled her and then fled the night of Oct. 1st around midnight. I DID NOT do this. I haven't left my house other than to file custody papers since she took off with my daughter Sept 20th. I have 3 witnesses that I was here at home during the time in question and Yahoo! messenger message archives that prove I was at home from at least 7 pm on Oct 1st (when i logged on and started talking to people) until 3 am on Oct 2nd (logged off and went to bed) and there are no gaps in between. Also, its a 45 minute drive, I don't have a license, and I had been with my uncle filing a petition and shopping before 7 pm. I also have a return reciept from the custody papers that I sent to her showing that she recieved her papers that morning..

    The witnesses are very credible. But in the case that they are discredited or cannot make it to my trial, can the Yahoo! archived messages be used as evidence on my behalf. If they cannot be, if I got written statements from the people that I was speaking with (notarized of course), stating that the archives represent a true and correct account of our talks that night, can I use them then?

    Just not sure which evidence I can use or not use, and not sure of conditions that have to be met for evidence to be accepted. I have an absolutely clean criminal record and have no idea how things like this work. PLEASE HELP!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Allegation of Assault to Win a Custody Case

    You may be able to get Yahoo! records into evidence, but don't expect to be submitting witness affidavits in lieu of live testimony at a trial. Work with your lawyer on this.

    1. Sponsored Links
       

Similar Threads

  1. Weapons Offenses: False Weapon Allegation
    By jul in forum Criminal Charges
    Replies: 1
    Last Post: 07-27-2009, 12:46 PM
  2. Child Abuse: False Allegation and CPS Record
    By Lizbeth0405 in forum Abuse and Neglect
    Replies: 2
    Last Post: 08-22-2007, 10:17 PM
  3. Defamation: False Allegation By A Teacher In California
    By violatedrights in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 04-26-2007, 05:34 AM
  4. Sex Offenses: False Allegation of Sexual Abuse
    By SusanL12 in forum Criminal Charges
    Replies: 4
    Last Post: 05-08-2006, 06:38 AM
  5. Eviction Process: Landlord Evicting Under False Allegation
    By nickdani in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-17-2005, 12:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources