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  1. #1
    Join Date
    Nov 2009
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    16

    Default MMA Fighter Status in Regards to Battery Charge

    It's taken every dime I and my brother have to hire an attorney. I live in a different town, so , I've just now found out my brother only hired the attorney to handle the 'custody' side of his case. Anyway.

    Oct 31st, there was an altercation. My brother's ex blocked him from leaving the parking lot of her workplace because my brother asked that she not bring her 'new' boyfriend trick or treating with the kids, as they do not get along. She sits on my brother's lap in the driver's seat while her boyfriend attempts to remove my brother's children ( 1 & 2 yrs old) from the car. My brother gets his ex off of his lap and pulls the new boyfriend out of the backseat. Boyfriend hits the ground (injuries reported at the scene were consistant) but this boyfriend then comes at my brother and a fight ensues. My brother then realizes the children have been removed from his car by other employees at the ex's workplace, so he gets into his car to drive to the police station. There were other charges , but my brother and the new boyfriend both received 3rd degree battery citations.

    So I've recently found out that the other guy is some sort of amatuer MMA fighter and at least two times this year, August 29th and March 14-16 sometime, he's went out of town to particpate in said fights.

    My question is, how important is this to my brother's case to show that this guy participates in MMA (Mixed Martial Arts) fights, even if he's not a professional? Also, how could my brother approach either the arresting officer or prosecutor with this information on his own?

    [I know this should have been brought up the night in question, but I guess my brother was extremely upset, as this was the SECOND time in a week, that the new boyfriend had physically prevented my brother from seeing his children. For the record, he has NOT seen them since Oct 31st, because the ex-girlfriend got an Order of Protection, then amended it to add the children. That's what the attorney has been hired to handle. ]
    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Default Re: MMA Fighter Status in Regards to Battery Charge

    Sorry, but the fact that the victim of your battery is a good fighter doesn't give you any legal right to batter him. Your brother's charged because he foolishly pulled the boyfriend out of the back seat and caused him to hit the ground and suffer injury. The boyfriend is being charged for subsequently escalating the incident by starting a fist fight. Both charges sound valid.

    Was your brother supposed to be dropping the kids off at the end of his visitation, but then he refused to do so because he thought his not liking his ex's new boyfriend gave him some sort of right to ignore the custody court's visitation order?

  3. #3
    Join Date
    Nov 2009
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    16

    Default Re: MMA Fighter Status in Regards to Battery Charge

    NO, that's the deal. There isn't any sort of formal visitation. They had just split up a few months ago after living together for the past 2+ years. It was my brother's weekend, already been agreed upon. He was merely asking that she attend the Halloween trick or treating at church alone, because on Wednesday (my brother's other agreed upon nite) the new boyfriend keep the kids and when he went to the police station, the officer told my brother he couldn't remove the kids from the car and if the situation was reversed the boyfriend couldn't remove the children either. My brother was trying to get some legal custody/visitation arrangements underway(he was planning on seeing legal aid on his next day off from work)...the ex has just decided she wants the new boyfriend to be the daddy.

    I guess what I'm saying is, that because my brother 'asked' (it was a public place, the boyfriend could have attended anyway)that the boyfriend not attend, other family was there, not like they were going to be alone....she ran from her workplace and sat on my brother to prevent him from leaving while her boyfriend removed the children from the car. Also, she has no phone, and she's been forcing my brother to either call her at work, or call her boyfriend's phone to get in touch with her. My brother has NEVER been involved with any violence in his life...he's mister 'Joe Cool'...until this new boyfriend. I believe my brother was alone, and when this guy came at him , he thought he had to defend himself. But like I said, he went to the police station to leave the violence and confrontation, while the new boyfriend and ex were left to make up whatever story they liked. They told the police officers that 'she' was trying to remove the children and the 'friend' came to her aid because my brother was hurting her.

    No, I wasn't there, but I was on the phone with him right before and right after. We were talking about our kids and Halloween. I didn't know it was going to happen like that. I told him that I thought he had the right to ask the new boyfriend NOT to attend 'trick or treating' for the sake of the children and to keep tensions low.

    Thanks, I understand your point...but it's just more messy than I can explain. Just wanting to know if it was something that mattered.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: MMA Fighter Status in Regards to Battery Charge

    Unless the new boyfriend is addressed in any custody and visitation order, your brother is going to have to deal with it. His issue over visitation is with his ex, not the boyfriend. If she prevents him from having visitation in violation of a court order, he needs to call the police or notify his attorney or the court. Dealing with it in a fit of anger is not the way for anyone to handle it - even her. When he was blocked in, your brother should have called the cops. However, if he had been supposed to turn the kids over for visitation then calling the cops might have gotten him in trouble, too.

    As for the assault, it really is not going to matter a bit that the other guy has some experience as an amateur fighter. At this point your brother needs to speak to legal counsel to find out how best to defend himself from the criminal allegations.

  5. #5
    Join Date
    Nov 2009
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    16

    Default Re: MMA Fighter Status in Regards to Battery Charge

    He didn't have an option of calling the police....there is NO court order about visitation. She had agreed to let him have the kids Halloween (he's off on Sunday's) she decided to change her mind and physically jump on him in the car while he was trying to leave. How was he supposed to call the police. He couldn't, but he WENT to the police station as soon as he could get away. Guilty people do NOT go to the police station.

    And the beginning of your statement...exactly...HER issue over visitation (THERE IS NO COURT ORDER, they were living together until a few months ago) should have been handled by the police or an attorney. But SHE sat on top of him in the driver's seat to unlock the car doors while her boyfriend attemped to remove the kids. Then, other employee's removed the children while the altercation took place between the two males.

  6. #6
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: MMA Fighter Status in Regards to Battery Charge

    Then it sounds like it is high time for him to go out and GET a custody and visitation court order. Such an order would certainly go a long way to resolving the underlying issues regarding who gets to see the kids when.

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