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What is the likeliness of being charged with battery/assault, in a case of he said/she said? Involves divorced couple.

Seattle, WA |

Here's the scenario:
Let's go with Steve and Jill - divorced couple with a kid. Steve is very humble, truthful, and docile. He started a business during the marriage and has been successful. Not much later they divorce and it turns out to be very messy. Jill is the jealous type and has been well known to be a drama queen - to the point where she would disappear at the drop of a hat with the kid.

At a later point in time, Steve and Jill have an altercation while Steve is dropping by to visit his kids. Steve gets roughed up, but nothing serious and gets his kid away. Jill claims to be hit by Steve, which is not the case - police get involved, Steve is in trouble.

Q- Assuming Steve is innocent, what can be done? Also, w/ future visitation what safeguards can be had to prevent this?

Attorney Answers 5


This sounds like a law school exam question!! Steve needs a criminal defense attorney. In the future, exchanges should take place without parental involvement or at a police station!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Mr. Deasy is correct as to the nature of the post.
As to just the query, no one can predict.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Assuming Steve is innocent, Steve hires an attorney, goes to trial, and (hopefully) wins.

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These are very fact specific matters and when it comes to he said/she said matters it is very important to go line by line or word by word to see what holes can be shot into the story of the other person. The Jury will have to believe someone. Get an experienced criminal defense attorney to help you. I don't live in Seattle or I would tell you to call me now. I live in Moses Lake but have been dealing with such matters for 21 years. Good luck to you.

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Many police reports are made and many charges are filed based on allegations made by a single person that an assault took place. The police, prosecutor and, ultimately jury (if the case proceeds to trial) will need to look at the complaining witness' motive to lie, history of making false acccusations or telling lies, what may be happening in the family law case (did the accusation come up right before a hearing about who gets custody?), evidence or lack of evidence regarding injuries, and other issues. It sounds like the police are involved at this point, but a charging decision has not been made yet. I have been successful in some similar cases in gathering information to convince the prosecutor not to file charges because the complaining witness has credibility issues or because I have been able to show no crime occurred.

I am not your attorney and cannot give you legal advice.

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