Weekend!!!!!!!!!!!!!!!!!!!!!!!!HELL!!!!!!!!!!!!!!!!!!!!!!!!

Well gang, this is the lastest, my stbx set up I came in from going out and he started in on me, accusing me of being out with my boyfriend, calling me names, his usual. I was totally was fed up from all of this mess. He snatch the cable cord from the TV and started in on me....I told him I was going to call the police...on my way out the door, he grabbed the back of my jacket I grabbed the picture frame and through it and left...I went to the police station to file the report of his craziness...next thing I know the police had went to my house and this bastard told them that I hit in his back. Since he had scars and I did not they arrested me. Thank God for good friends,,,she came and got me out and this morning I recieved a text stated that I have one week to remove my belongings and sign these divorce paper, if not then he will press charges against me. (I keep the text) I spoke to my lawyer he has filed something that we have to answer to within a week. I am not mad but this is stupid!!! Spaz could you tell me what would be a good move for me.

by M 142 Posts
Posted on 10/19/2009 6:44 PM

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Answers for "Weekend!!!!!!!!!!!!!!!!!!!!!!!!HELL!!!!!!!!!!!!!!!!!!!!!!!!" (5) (You must be logged in to answer)

take it to a criminal attorney, he/she can in turn talk to the DA...maybe any charges could be dropped...it's worth a shot.

by spaznskitz 7745 Posts
Posted on 10/20/2009 1:24 AM

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Spaz I have been journaling everything he has been doing to me...plus I have been keeping my attorney up to date on his actions also a detective...which this might not mean anything but this is really all that I have.

by M 142 Posts
Posted on 10/20/2009 1:15 AM

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your divorce attorney can't do anything if criminal charges are filed.

You have two fallouts from this - what he filed in family court and what MIGHT get filed against you in criminal court for assault. True or untrue it is going to be your burden to prove he's lying.

Your divorce attorney will deal with the fallout on the family court side...

if you honestly think there is no way you could have possibly injured him then yes, you need a criminal attorney to help you defend yourself. This is NOT something you go into court alone on - it won't go well for you.

by spaznskitz 7745 Posts
Posted on 10/20/2009 1:01 AM

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right now I am staying with a friend, I went today and found an apartment that I could afford. but, he is lying, I did not hit him. So, instead of using my divorce attorney, I should now get a criminal attorney?

by M 142 Posts
Posted on 10/20/2009 12:53 AM

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Ok M - you made the mistake, you threw the frame and more than likely DID hit him...it left a mark, and that is why you are in the situation you are in now.

More than likely he will now get a restraining order and you will have to move. He has more than likely filed for full use and possession of the home.

If that happens it happens, it doesn't mean you are forced to sign any divorce agreement you don't agree with.

Here's the thing, this is a domestic violence situation, if charges get filed or not is out of his (your stbx's) hands - it's with the DA, you were arrested, the DA will decide if there is enough to put a case against you or not - (hate to say it but with "injury" to him there probably will be)

You need a criminal attorney to defend you if charges end up being filed. I'd talk to one if I were you now...they might be able to head it off for you.

Do you have somewhere else to live?

by spaznskitz 7745 Posts
Posted on 10/20/2009 12:42 AM

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