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  1. #1
    Join Date
    Aug 2009

    Default False Simple Assault Accusation

    My question involves criminal law for the state of: Mississippi

    My ex wife filed a simple assault against me because she falsely claimed that I hit our son. She tried going to Dept. of Human Services, but the refused to hear her case. Her family has friends on the police dept. so they helped her in making the charge. While in the process of trying to calm him down during his tantrums, my hand slapped against our son's face and it left a very small red spot. He apologized for misbehaving and for hitting me in face and he never complained that his face was hurting. My fiance was present the entire time. We were both present when I told my ex wife what happened. She didn't discuss it with me or our son's behavior, but she made the report the next day. It has been 2 years since she made the charge and the case has remained in continuence because her lawyer does not want it going to court because he knows and has stated to our lawyer that there is nothing to the case and it is a waste of time and she will not drop the charge because she is upset that I got my regular visitations back with our son. The charge did not ruin my career, but it did threaten my relationship with our son. It also caused me emotional and physical turmoil. I was trying to get on at the local fire department but I could not complete the training because the charge. Also, she had our son talk to 2 different counsleors, one was not even qualified to counsle our son. But the story that my ex wife and son gave to the counselors about why I hit our son are different stories.The charge caused me to not to be able to see or talk to my son for over 3 months. I would like to countersue her for my lawyer costs ($500) for making false accusations, possibly scarring our son emotionally, and potentially ruining my relationship with our son. I also know that her lawyer is willingly helping her to keep physical custody of our son when she is bipolar/manic. However, her lawyer is trying to help my case without her knowledge in by keeping the case in continuence since she will not drop it. Can I sue her for this even though the case is 2 years old? And I sue for the lawyer costs based on those reasons?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: False Simple Assault Accusation

    If your lawyer thinks that these accusations will fall apart the minute he gets before a judge, what's stopping him from taking the matter before a judge?

  3. #3
    Join Date
    Aug 2009

    Default Re: False Simple Assault Accusation

    Both lawyers, mine and my ex wife's, want the case closed, but since she is dead set on having it go to court then they are allowing it stay in continuance because that is the only way to keep her calm or from doing anything crazy.

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