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  1. #1
    Join Date
    May 2009
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    2

    Default Domestic Abuse 5th Degree

    My question involves criminal law for the state of: minnesota
    My son was sick with 105.7 fever and vomitting.according to the nurse he needed to be seen in the er.i called my wife to come home immediately.she did not show up and did not answer her cell phone.after about 2 hours I got my son ready to leave a lone (he was vomitting for about 1.5 hours).the she entered.child and me were on the sofa.to the question where she was she answered with a full slap in my face. I followed her in the kitchen to ask what this was about.she started going at me again.i pushed her she fell.I called 911 minutes later she called.She never admitted to slapping me.i was arrested.an ofp and no contact order is in place.divorce is filed. She did this before and later admitted to an officer of the court and another witnesses that she lied in order not to get in trouble with her job.I also contacted 1 year ago human services for advice re her abuse and also contacted a battered men's group.paper trail available. I am worried about a conviction and of loosing my son whom I raised since he was born.What are my prospects here?Thank you

  2. #2

    Default Re: Domestic Abuse 5th Degree

    Quote Quoting munich0111
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    My question involves criminal law for the state of: minnesota
    My son was sick with 105.7 fever and vomitting.
    That's when you call an ambulance and go NOW - such high fevers can lead to seizures and serious, even life threatening, brain damage!


    She did this before
    Domestic violence tends to escalate over time, regardless of the genders of the persons involved.


    and later admitted to an officer of the court and another witnesses that she lied in order not to get in trouble with her job.
    Perfect witnesses to put on the stand as part of your defense.

    I also contacted 1 year ago human services for advice re her abuse and also contacted a battered men's group.paper trail available.
    Just like we tell women all the time, the paper trail that COUNTS is the paper trail of POLICE REPORTS of violence against you. When accusations of abuse, especially of repeat occurrances of abuse, come up in court, judges don't care if you've talked to every social services worker, therapist, or domestic violence organization in the country - they want to see two things: first, that prudent steps for self protection are being taken (the only person who can change a batter's behavior is a batterer - victims need to be acting in SELF interest and protecting themselves and their children, not trying to improve batterers), and second, that at least at some level, there is cooperation in seeking accountability for the offender (a huge reason why DV continues in families experiencing such violence is the understandible, yet legally counterproductive reaction of victims not wanting offenders to get "in trouble"). Both of those are accomplished by POLICE REPORTS. Courts usually DO understand the dynamics of DV, and why people go BACK to abusers, but they have very little leeway when the crimes occur and never get reported in the first place (not saying I agree with this approach, only that if you head down to your local courthouse and sit in on a few cases, you'll hear this over and over and over and over and.....).

    I am worried about a conviction and of loosing my son whom I raised since he was born.What are my prospects here?Thank you
    Sounds like the two witnesses you mention will be very important, and their testimony could be key not only to getting charges against you dropped, but could result in criminal charges against HER for filing the false report.

  3. #3
    Join Date
    May 2009
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    2

    Default Re: Domestic Abuse 5th Degree

    I was going immediately however he kept vomitting for at least an hour and a half

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