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  1. #1
    Join Date
    Mar 2006
    Location
    Vancouver
    Posts
    4

    Default Domestic Violence accusation, her word against mine.

    My wife and I got into an argument. I did not want to continue arguing with her, so I told her I was leaving and taking my daughter with me. I got tired of her doing this in front of our child. I had to pull her away because she was blocking the door, this turned into a physical struggle between the both of us. Anyhow, to make a long story short, I got out of there and she had called the police and had made the claim that I had kicked her. Not true at all, she was upset that I was leaving, and I agreed to give her a divorce. I believe she wanted me to get in trouble for this, because she wants custody of our daughter. (We could never agree about the custody). Now, I have a court date next mth. I was hoping you could tell me what I need to know or what could happen if I was found guilty? I have plead "not guilty". There were no witnesses, no bruises, just testimony on both people. Also, what evidence would they need in order to convict me?

    Thank you for any advice you may offer...

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

    Default

    If you are in the process of divorce and custody litigation, you should consult a lawyer. A conviction of domestic violence, with the act committed in front of the child, could have a significant impact on any effort to gain custody.

  3. #3
    Join Date
    Mar 2006
    Location
    Vancouver
    Posts
    4

    Default

    Thanks. The act did not happen. From your knowledge, what evidence is needed in order to prove me guilty? That's what I want to know. Her story does not even match up, I'm honestly telling the truth, she has wanted to pin this on me so she can gain custody. I have temporary custody of my daughter right now by choice & the mother can not take care of her. What kind of jail time am I looking at if found guilty? Do you understand my concern? I have lawyers, but they are not doing much for me. It's upsetting that a women cries abuse that the man more than likely gets in trouble.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Her story can be enough, even if you don't find it credible, particularly given your admission that there was a physical struggle.

    Your lawyer is the best person to estimate a possible outcome. Assuming no prior incidents or criminal record, jail is unlikely, but as I previously indicated the greatest effect of a conviction may well be on your custody action.

  5. #5
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    Please get an attorney asap if you dont have one already. If you feel this woman has been violent in the past then gather witnesses who can vouch for you and testify against her behaviour. Make sure you also have witnesses who can vouch for your charachter as well. This makes a big difference when it comes to he says she says.. Fight the charges tooth and nail. If she was physical with you first and you were trying to withdraw from the confrontation and she was not letting you go..you may have a claim of self defense..provided it wasnt excessive...good luck!!

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