At my daughters party my ex husband came to the party under the influence of crack cocaine and alcohol. He grabbed me and flung me around. My kids confront him and an altercation breaks out with him and my son. Then my son's friend jump in he is hit with a bottle. My ex calls the police and file charges but he files against me and I never touched him he assaulted me. Now I have to go to court is there anything I can do?
You need to hire a criminal defense attorney ASAP. An assault and battery with a dangerous weapon case is a serious felony. It sounds like you have several defenses including self defense.
David Newton, Esq
This is not intended as legal advice and does not create an attorney-client relationship.
You can file a private party complaint against your ex husband in the district court. Once the application for the complaint is filed, the Clerk will schedule a clerks hearing and send a summons to your ex to get him to appear at the clerks hearing. A word of caution about filing a cross complaint against your ex is that you may have 5th amendment self-incrimination issues if you testify against your ex at a clerks hearing.
You should also retain an attorney and provide that attorney with the names of all persons who witnessed the incident. That will put your lawyer in the best position to refute the allegations made by your ex.
Best of luck,
Dominic L. Pang (617-538-1127)
Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.
Hire a lawyer. The prosecutor has the burden of proving that you were the person who hit your ex-husband. Your lawyer can work with an investigator to question all of the witnesses involved. Your witnesses would be able to testify at trial that you were not the person who committed the crime. Your lawyer may even be able to get the case dismissed depending on what information the lawyer can obtain from the witnesses.
You should also talk to your lawyer to see whether or not it would be in your best interest to file a cross-complaint against your ex-husband. Based on the facts you provided, it appears that you are the victim of an assault and battery.
Contact 508-792-9900 to hire Attorney Claxton. The information contained in this answer is not a substitute for hiring a lawyer and does not create an attorney-client relationship. Nothing you post on this website is confidential.
Hire a lawyer. You and anyone else that he struck or threatened can
file charges against him.
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