She came into my room very irrate and I asked her to leave me alone and she kept saying make me. So I said is that really what u want? N she said yeah, then she proceeded to try to choke me n push me back over things so I couldn't reach her. I have had 3 surgeries on my neck for cancer, which left many surgical clips in my neck, which she knew. Iasked why she would go for my throat cuz ur goin to kill me, and she said she didn't care. I kept asking her to stop cuz she is killing me. My son came in and asked her to get off his mom, n she told him to go to his room n close the door. Then she coninued to try to crush my windpipe, and this was all in my room. I guess she got scratched, if it was from me it was cuz I was fighting for my life, and she knew it. They sent me to the er, not her
Landlord / Tenant Lawyer
The DV charge probably triggered a no-contact order from the Court. If she hasn't been arraigned yet, you might want to speak to the DV victim's advocate about whether or not the Court will issue a no-contact order. If the criminal court doesn't, go get a DV order from the civil court, it has the same effect. The RLTA contains provisions to deal with what happens when a tenant is a victim of DV (it is DV because you were living in the same household, under the same roof sharing the kitchen and bath) and it says that so long as the victim (you) has reported the DV, that the landlord *must* respect your decision about what you want to do. If you want to stay in the apartment, your roommate has to leave. This is not an eviction, it is the outcome of her decision to be assaultive towards you. If you decide you would prefer to leave, then your landlord has to deal with that decision. It is not up to your landlord and you are not "breaking the lease" should you decide to leave. Read RCW 59 18 575, and 580. Hope this helps. Elizabeth Powell
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Family Law Attorney
Ms. Powell has given you a lot of good advice here. If this isn't helpful, please bear in mind that you don't seem to have really asked a question, so it's hard to know what you're hoping for. (Please see this Guide: www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom )
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
Criminal Defense Attorney
You need to protect yourself that is for sure. Follow the advise above in getting a no contact/protection order against this person immediately, If there isn't one yet.
You need to talk with the prosecutor about the case and make sure they have your side of the story. Again protect yourself. ALSO next time ask a specific question and so you can get a specific answer. Good Luck to you.
Family Law Attorney
I do not fully understand who went to jail or was charged with criminal law violations. You also did not ask any question in your post.
It seems to me that you are asking why you are the one being charged when your roommate was the aggressor. One possible explanation is that she had visible injuries whereas you did not.
Police officers cannot sometimes tell who is telling the truth. Since the practice of most places is to arrest someone in a domestic violence call, the person without injuries is the one being arrested and charged.
If you are the one arrested and charged, you need to discuss the specific facts with your attorney in private. You should not post details of your case on public forums.
If you are not the one arrested and charged, you still need to discuss with your attorney what you can do to protect yourself and your son from the roommate.
4 lawyers agree