What would be a good defense for y som-in-law wrongly accused by my daugther

Asked over 5 years ago - Denver, CO

My daughter called the police one night and she was crying and told them that her husband threatened, harassed her and assaulted her.
He was taken to police and charged with domestic violence.
My daughter has a history of getting in fights and threatening people.
She also was diagnosed with multiple personality and anti-social.
In preschool she was expelled for getting into a fight with another child.
In high school, at age 16, she threatened the school counselor which had restraining order against her. Later on in 10th grade she was expelled from High school because she threatened a school mate that she is going to kill her and cut her throat.
She was arrested in 2006 for fighting with her grand parents and throwing things out of the window. She got probation and she went to anger

Additional information

management classes.
She got into a habit of throwing things from the house to trash. She recently got married and caused fights ad arguments, the last fight she attacked her husband and throw things and he tried to restrained her, that is all that he did because he was afraid that the neighbors will call the police ad she was going to be arrested and because she was in probation. Instead she lied and put him in jail.

Attorney answers (2)

  1. Jeri Beth Katz

    Contributor Level 9

    Answered . your husband should definately get legal representation in Denver to pursue his defenses in this case. He does have defenses and a domestic violence case can have long term ramifications to him. DO NOT PROCEED WITHOUT AN ATTORNEY.

  2. Victor Joseph Mazzaraco

    Contributor Level 8

    Answered . TRUTH IS A GOOD DEFENSE IN THIS CASE, BECAUSE YOUR DAUGHTER'S MENTAL IMPAIRMENT WOULD BE A DEFENSE TO A CHARGE OF MALICIOUS PROSECUTION. IN OTHER WORDS, HAVE HER TELL THE POLICE SHE WAS IN A DISORIENTED, CONFUSED STATE WHEN SHE MADE THE CHARGE, AND NOW REALIZES SHE WAS DISORIENTED AND CONFUSED. IF SHE TAKES PRESCRIPTION MEDS AND DIDN'T TAKE THEM AS PRESCRIBED SHE WOULD ENTER A DISORIENTED STATE, AND FALSE, RECKLESS CLAIMS LIKE THE ONE YOU DESCRIBE COULD RESULT. THE FACT SHE WAS MENTALLY IMPAIRED WILL NEGATE THE INTENT REQUIREMENT FOR A MALICIOUS PROSECUTION CHARGE.

    IF SHE'S UNDER A DOCTOR'S CARE - A PSYCHIATRIST'S IN THIS CASE - A LETTER OF EXPLANATION FROM THEM TO THE AUTHORITIES WOULD HELP ADD CREDENCE TO HER EXPLANATION. SIMPLY EXPLAINING THE MEDICATION SHE'S ON AND THE CONSEQUENCES OF HER NOT TAKING IT AS PRESCRIBED WOULD - SHOULD - ALL BUT PUT THIS SITUATION BEHIND YOUR SON-IN-LAW.

    I WORKED AS A MENTAL HEALTH THERAPY AIDE FOR THREE YEARS WHILE GOING TO COLLEGE AND AM VERY FAMILIAR WITH THE DECOMPENSATION THAT OCCURS WHEN PSYCHIATRIC PATIENTS STOP TAKING THEIR REQUIRED MEDS. AT THAT POINT VIRTUALLY ANYTHING IS POSSIBLE, SO THE ANECTDOTES YOU DESCRIBE DO NOT SURPRISE ME AT ALL. GET YOUR DAUGHTER COMPENSATED - I.E. - BACK ON HER MEDS - AND SUGGEST THIS TO HER. GOOD LUCK!

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