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What exactly is the best course of action for this rediculous situation? Has she done something criminal? What do I do now?
Rapid City, SD
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Posted 11 months ago in Criminal Defense
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My mother claimed i hit her in a hospital; we were sitting side by side and i had asked her to leave after her calling my wife various names. The last time she called her a name I, holding my 18 month old, shifted my weight quickly and intended to point my finger at her and tell her to leave again. Instead, not recognizing the distance betwwen us ( i was facing the other direction while she was saying these things), caught her on the cheek, not leaving any marks. She had me arrested and charged with simple assault, domestic. A week later, she called me at work and asked me to come over. I recorded the conversation. There, she said that if me and my wife would sign a contract giving her custody of the kids for 48hours/week, she would testify that I did not hit her, that it was an accident.
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Answers (2)John M. Kaman
This attorney is licensed in California.
Posted 11 months ago.
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I count at least six violations of the law in your short narrative, including both sides. This brings two thoughts to mind. Tolstoy wrote that happy families are not very interesting because they are all alike. Yours sounds interesting indeed. Second, it is probably true that if you are going to hit your mother that you do so in a hospital.
Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 11 months ago.
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First, call a lawyer licensed to practice law in SD that specializes in criminal defense, as you are charged with an offense and anything you say can be used against you. Discuss with the lawyer whether the recording you made is legal under SD law, and it's value as evidence against your mother. You should also discuss whether your mother has committed a criminal offense (extortion comes to mind) by trying to force you into giving her time with the kids as a ground to change her story.
Second, call a lawyer licensed to practice law in SD who specializes in family law to discuss the issues of whether you can bar your mother from having contact with your kids under these circumstances. This is something you could probably do by yourself as parents, but under these circumstances, I suggest that getting legal advice on how to legally enforce it may be important as the case against you proceeds. Good luck. DISCLAIMER This answer does not create an attorney-client relationship or constitute legal advice. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The laws of each State; and, the facts of each case are different, and it is therefore critical for you to consult with a lawyer admitted to practice law in your State before making any decisions on how to handle or dispose of your case. |