1st post long time reader. I have to say you guys are wrong

[emanuel 0]

Okay what back that up now. First I don't know what you mean by "we are wrong about having people around you" Now to the story here.

You say 5 weeks earlier an incident happened. Dear for a warrent and a felony conviction to happen would have to be a very serious "incident" that involves court, fines and the like. Can you please tell us what exactly happened. Even you slappin somebody around rarely results in a felony. Were you charged with domestic violence and failed to appear? I find it real unlikely all this could have just happened in 5 weeks.

dwheels76, you are moving a bit fast I just got arrested for an incident that the arrest report is stating happened 5 weeks ago and was just filed 2 days before I was arrested. If I wasn't stop for a traffic violation there is no telling how many months would have past before they finally stopped me.

I said it doesn't matter what the outcome of the situation I'm branded for life with a felony arrest and that's all it takes.

Edited August 6, 2012 by emanuel

[TracyTN 237]

Hi everyone thanks for the response. I'm just getting in. many questions ask where do I start?

the purpose of the tread was to make many of you aware that it doesn't matter if someones around when you are arguing with your sig. other because every time we argued my brother was there. the only time I touch her is when she's punching me in the face and has my hair locked in her hair and I have to pull her hands away from my hair in which chunks of my hair fall out in the process. when I force her hands lose and push her away she always say I beat her because I removed her hand with force.

She went to my family and told them that I was beating her so all of my aunts came over to confront(beat me) me about it, but after I told them what her definition of beat was. my aunts told her to stop going around and telling people that I beat her when the fact is she was the one beating me.

to the story of the arrest:

to this day I still don't know what's going on. the report stats the incident happened well over 5 weeks and the charges were filed 2 days before I was stopped in the streets and arrested. If the city felt like I was beating my wife why in the world would they let her stay for 5 weeks after she filed the report and it could have been even longer if I wasn't stopped for making and illegal turn.

The police never came to my house in that month to hear my side of what was going on and hey had 1 month to do it before they filed the charges. I know it's going to get throwing out but being arrest for a felony is all it takes to have a person screwed for life

When/if the case gets to court, the witness can most definitely help if they are a credible witness willing to testify to the goings on. In fact, they may help ahead of time if your lawyer can use their witness account to go to the DA and get the charges dropped. If you do not have an attorney, I suggest you find yourself one - even if it is one appointed by the state.

So it's a bit inaccurate to say that having someone around does you 'no good'. It may well be the difference in your outcome.

Your posts are a little hard to follow so I really have no idea what you're being accused of. A lawyer is still the way to go.

Edited August 6, 2012 by TracyTN

[del-2-5-2014 1,339]

When/if the case gets to court, the witness can most definitely help if they are a credible witness willing to testify to the goings on. In fact, they may help ahead of time if your lawyer can use their witness account to go to the DA and get the charges dropped. If you do not have an attorney, I suggest you find yourself one - even if it is one appointed by the state.

So it's a bit inaccurate to say that having someone around does you 'no good'. It may well be the difference in your outcome.

Your posts are a little hard to follow so I really have no idea what you're being accused of. A lawyer is still the way to go.

OP is not inaccurate and I had no issue following him posting.

The issue is that he was not afforded an opportunity to disprove if a DV occured because his Spouse slunk behing him to a Police Department who then filed charges without his knowldge.

Had the PD followed some sort of protocol and came to investigate/interview him when this allegedly occured then the witness can be absolutely credible.

So OP will now offer a witness weeks later and who happens to be his relative. Hmmmm...okay.

His warning is very credible, accurate and on point.

[Old_Dog_Barking 36]

Sounds like the wife is staging a future VAWA claim.

[Que Saudade 284]

I said it doesn't matter what the outcome of the situation I'm branded for life with a felony arrest and that's all it takes.

No, a felony arrest is just that. An arrest. You have not been convicted at all yet. Your day in court will come. If on that day you are found innocent, make sure to get all of the court records to prove your innocence.

Depending on the State Law, it may be possible that there was not going to be an "investigation" prior to the arrest. CDV is taken very seriously and the laws are designed to protect the victim even if it means erring on the side of caution.

You will have your day in court and that is where you will plead your case.

Either you already know your guilt, hence you are admitting that you are branded for life, or....

You don't understand the process that lies before you. This is a very serious allegation and as others have recommended, a criminal lawyer with domestic violence background would be wise.

Good luck with your day in court.

[Justud 42]

soooooooooo, are you still with the chick??? did you kick her out?

[Harsh_77 718]

I never punch or put a hand on her only to lose my hair out of her hands and yes everytime my brother was there asking me what was her problem

the police never asked me anything or any one else.

I didn't go into details because the tread was to warn you guys to stop think by having someone there you aren't going to jail even if it's a lie. well , I'm hear to tell you that you are going to jail no question asked months later. if she/he lies on you

If you never touched her, how did she file charges against you?

If you never left mark on her how did her friends pursue her to file charges against you?

Whenever she went and reported to against you, she must have some bruise or something on her to show she was hit.

Either that or your wife had all this pre-planned and the plan is just executing now.

[belinda63 3,047]

Charged with a felony, in the eyes of some employers, is the same as found guilty. I have a lot of guilty pleas on my record, but even more dismissed charges. All it takes is for the employer to see the charges, most never go so far as to look at the disposition. They figure if you were charged with it, there must be something wrong, even if dismissed or found innocent. Heck, most of them don't even know how to read the report. Being a convicted felon really sucks.

Good news is the government is pushing to have the questions of having been arrested/convicted off employment applications and allowing the person to explain at the interview if it comes to that. (don't feel like looking for a link). The EEOC says it could be considered discrimination since the majority of convicts are hispanic or black males.

Back to the issue, if this woman feels like sneaking around filing charges and claiming domestic violence then you need a new woman. I say split from her and don't give her the chance to file any more. BTW has she been living with you all this time since the incident that supposedly happened? Although most DV victims stay in the home for various reasons this would be an indicator, especially is she did not seek a protective order, that maybe she is not fearful.

If you never touched her, how did she file charges against you?

If you never left mark on her how did her friends pursue her to file charges against you?

Whenever she went and reported to against you, she must have some bruise or something on her to show she was hit.

Either that or your wife had all this pre-planned and the plan is just executing now.

Refer to my first post. In most jurisdictions the sworn word of someone is enough. They feel the time to provide proof is in court.

[Harsh_77 718]

Charged with a felony, in the eyes of some employers, is the same as found guilty. I have a lot of guilty pleas on my record, but even more dismissed charges. All it takes is for the employer to see the charges, most never go so far as to look at the disposition. They figure if you were charged with it, there must be something wrong, even if dismissed or found innocent. Heck, most of them don't even know how to read the report. Being a convicted felon really sucks.

Good news is the government is pushing to have the questions of having been arrested/convicted off employment applications and allowing the person to explain at the interview if it comes to that. (don't feel like looking for a link). The EEOC says it could be considered discrimination since the majority of convicts are hispanic or black males.

Back to the issue, if this woman feels like sneaking around filing charges and claiming domestic violence then you need a new woman. I say split from her and don't give her the chance to file any more. BTW has she been living with you all this time since the incident that supposedly happened? Although most DV victims stay in the home for various reasons this would be an indicator, especially is she did not seek a protective order, that maybe she is not fearful.

Refer to my first post. In most jurisdictions the sworn word of someone is enough. They feel the time to provide proof is in court.

Read my last line..... either he had hit his wife or it was all pre-planned by his wife and looking to get away with VAWA.

[BethandBilly 86]

Domestic Violence/Child Abuse, even when found innocent of those charges, people will always point at the person who was charged and tried for the alleged crime and point fingers and whisper. False claims ruin lives, not just of the accused, but of the accused family and even the accusers family can end up as victims.

OP, make sure you are not alone with your wife again, can you account for the time your wife alleged you were abusive to her, do you remember exactly what it is you were doing and with whom on the date the alleged incident took place. Do you remember the times and dates she allegedly abused you? Do you have anyone other than your family to offer an alibi, to speak to lawyers and the court for you? A good lawyer will be able to see through a false alibi, a good lawyer will also be able to coach your witness in to answering the prosecutions questions with clarity. Also if your wife gets a good lawyer you could be toast, whether what she is saying is lies or not, so you my dear are going to need one hell of a good defense attorney and fight for your life.

I don't know what state you are in, but you should look up your states laws and find out about recording conversations with others, in some states only one party of a conversation needs to know when a conversation is being recorded, in others both parties taking part in the convo need to aware it is being recorded. Once you have found out your states laws, make sure you record what is said between you and her and keep it with time and date, it can be admissible in court.

I wish you the best of luck, you have a real uphill battle ahead of you, stay strong and never ever be alone with your wife again.

[Eric-Pris 1,607]

If what you wrote is true, get your legal problems resolved and send her #### back to where she came from before applying for a greencard. She WAWA in her cheerios.

[aaydrian 479]

I didn't go into details because the tread was to warn you guys to stop think by having someone there you aren't going to jail even if it's a lie. well , I'm hear to tell you that you are going to jail no question asked months later. if she/he lies on you

You obviously misunderstood.

When you're told you should not be alone with your estranged spouse/fiance it is not an excuse to have a friend/family member with you 24/7 so that they can referee/witness your verbal and physical spats. In order for the 'not being alone' to work you have to have very limited contact with your spouse/fiance so if accusations are made and or an arrest is made, your witnesses, when called can vouch for you. If your with your crazy fiance all the time how can someone in full confidence say what you/she did or didn't do? Plus why the hell are you still living with the mad woman you brought over on a K1?

[des1867 6]

Best advice that I can give you is to retain a lawyer. Explain to him what is going on and have him explain to your wife what she has done and the possible outcome to her actions. If you are on a restraining order because of the charges levied against you it is your only choice.

[djricky4 67]

Hi everyone thanks for the response. I'm just getting in. many questions ask where do I start?

the purpose of the tread was to make many of you aware that it doesn't matter if someones around when you are arguing with your sig. other because every time we argued my brother was there. the only time I touch her is when she's punching me in the face and has my hair locked in her hair and I have to pull her hands away from my hair in which chunks of my hair fall out in the process. when I force her hands lose and push her away she always say I beat her because I removed her hand with force.

She went to my family and told them that I was beating her so all of my aunts came over to confront(beat me) me about it, but after I told them what her definition of beat was. my aunts told her to stop going around and telling people that I beat her when the fact is she was the one beating me.

to the story of the arrest:

to this day I still don't know what's going on. the report stats the incident happened well over 5 weeks and the charges were filed 2 days before I was stopped in the streets and arrested. If the city felt like I was beating my wife why in the world would they let her stay for 5 weeks after she filed the report and it could have been even longer if I wasn't stopped for making and illegal turn.

The police never came to my house in that month to hear my side of what was going on and hey had 1 month to do it before they filed the charges. I know it's going to get throwing out but being arrest for a felony is all it takes to have a person screwed for life

This is a very unfortunate situation to be in. I hope justice prevails and the truth comes out

[Que Saudade 284]

Once found not guilty, then you can pursue a court ordered expungement of all arrest records. It does not happen automatically. You have to file for it. It does go away once ordered. Then, once it is expunged, you can check it yourself by conducting a police record check on yourself to ensure that it indeed has been expunged.