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

[emanuel 0]

ALSO, ANOTHER THING THAT MAKES THIS WHOLE THING MINDBOGGLINGLY IS THE DATE AND TIME THE REPORT STATES ALL OF THIS HAPPEN ON SHE WAS IN SCHOOL.

[dwheels76 5,469]

I didn't start this tread to talk about the incident it was to inform you guys that it doesn't matter if anyone's around you will stil be arrested. and I got stopped at mid day so I went to the county jail for a charge of dv there is no bond so I had to stay the night in jail and then the judge gave bond.

Okay for the sake of a3gument let's just deal with what is ur original complaint.

Ummm dear u can not control what another does I don't care how many folk are watching.

What u can do and that's why people say don't ever be alone with a potential abuser.

People aren't wrong u have a witness to all ur wives allegations. U need to remind her she has a witness unless she has won ur brother over to the dark side.

Weird she would do this knowing ur brother can kill her story.

Is there more to this story?

[Que Saudade 284]

Listen I'm not here to prove my case to you guys I'm just here to warn you guys to stop giving people a false sense by stating if you and your other are having problems it's best to have someone around

Yes, you don't have to prove your case.

However, if you and your other are having problems (anyone not necessarily you), it is best to address those problems by seeking guidance, help etc (or run like the .... Personally, I haven't seen forums that suggest that when you are having problems to CYA by having others around. Those people can't be around 24/7. If the problems are that severe, the best thing to do is to separate before they get out of hand. CDV can be both ways. While most CDV cases are directed towards women, if a woman hits a man, he is protected by the same laws.

As for your statement about being branded a felon, please see my post about expungement.

The evidence against you will be presented by a prosecutor in which you will have a chance to defend yourself. The people that were around you at the time of the incidence WILL be crucial as their testimony will be noted. So that indeed may play in your favor.

Good luck with your case.

[emanuel 0]

Okay for the sake of a3gument let's just deal with what is ur original complaint.

Ummm dear u can not control what another does I don't care how many folk are watching.

What u can do and that's why people say don't ever be alone with a potential abuser.

People aren't wrong u have a witness to all ur wives allegations. U need to remind her she has a witness unless she has won ur brother over to the dark side.

Weird she would do this knowing ur brother can kill her story.

Is there more to this story?

I don't only have other saying it. she sent my sister text messages telling her everything. she stated I was mean to her with words and sometimes she wish I would have just beat her.

I admit it I have been mean to her because she was always lying and punching me in the face and pulling my hair. I just ignored her the whole day because she always was looking for something to fight about. from the time she got here she found a number on my phone from a girl I told her I use to date and ever since that point she always brings it up.

Edited August 7, 2012 by emanuel

[LSnBigBear 61]

I disagree the "game" is rigged as you say... I rarely disagree with posts but I believe there is more to this than just your side sorry to say. I still believe that we are innocent until proven guilty and I bet if I were in your shoes I would hire an Attorney to fight my claim 10000% I would exhaust all resources to clear my name of any wrong doing. But I did learn something from this. MOVE out and get away if any physical contacts happens in a relationship. The United States does not tolerate spousal abuse of any kind. Even woman to man.. I bet now you wished you would have called the police when she slapped you around. Do you have any pictures of yourself to show she hit you? If she pulled your hair and punches you in the face then I am sure she left marks.

I had an ex GF in the PHilippines attack me one time. I took pictures of myself and even txt her pix of my wounds just to keep her away from me. I was even nervous during her attacking me as I grabbed her arms to stop her and left a bruise. Never hit or touched her other then to stop her from attacking me. The Law does work on both sides as I visited the Barangay Police the next day and explained my side. Men can be victims too. No one should sit back and allow abuse.

Good luck

[Darnell 8,479]

Listen I'm not here to prove my case to you guys I'm just here to warn you guys to stop giving people a false sense by stating if you and your other are having problems it's best to have someone around

I think you missed the message.

On MOST of the prior posts written about 'this',

it was SOLELY the concept of having someone around when moving things out of the house, when leaving.

regardless, if I were in your shoes, I'd disappear, flee the home with a bag, then change all pins on all bank accounts, change all passwords on your emails, change your telephone numbers, and don't contact her anymore. But that's just me - I'm a hard, cold-hearted SOB about this stuff.

You've a court date looming, and it's on you to prep for that.

You'll need to secure an attorney,

and have your brother deposed, with the written deposition submitted into the casefile during the discovery phase. When/if it gets to the discovery phase, though, make certain your attorney files a claim of false accusation. The District Attorney will use it later, when pursuing her for filing a false claim; in the end, though, you MIGHT have a solid case for false arrest - make sure your attorney is ready to chase after the PD - something is really wrong there.

Your attorney needs to review the report of filing, and the arrest report, soonish.

Also, IMO, JustaShooter is right - she's made new friends and is being coached for filing a VAWA claim. Walk away, close the door, and focus on the court case. File NOTHING for her AOS..

End of my two cents. With 2 more cents, you can have a nice sliver of soap.

[emanuel 0]

I disagree the "game" is rigged as you say... I rarely disagree with posts but I believe there is more to this than just your side sorry to say. I still believe that we are innocent until proven guilty and I bet if I were in your shoes I would hire an Attorney to fight my claim 10000% I would exhaust all resources to clear my name of any wrong doing. But I did learn something from this. MOVE out and get away if any physical contacts happens in a relationship. The United States does not tolerate spousal abuse of any kind. Even woman to man.. I bet now you wished you would have called the police when she slapped you around. Do you have any pictures of yourself to show she hit you? If she pulled your hair and punches you in the face then I am sure she left marks.

I had an ex GF in the PHilippines attack me one time. I took pictures of myself and even txt her pix of my wounds just to keep her away from me. I was even nervous during her attacking me as I grabbed her arms to stop her and left a bruise. Never hit or touched her other then to stop her from attacking me. The Law does work on both sides as I visited the Barangay Police the next day and explained my side. Men can be victims too. No one should sit back and allow abuse.

Good luck

I agree the laws are needed to protect women because some guys will beat their woman and when the police arrive the woman will tell them it's nothing wrong. But my case is complete different if a woman makes a report of such a violent event why didn't she have any marks on her body if she had any visible marks it would have been noted it the report. also, if I committed such a violent act why would they just leave her in that environment for well over a month and there's no telling how much longer it would have been if I wasn't stopped for something else complete different.

I said the game is rigged because this is clearly a case of a police officer purposely giving someone false charges. Like someone noted earlier if it was a warrant why did I have to wait for him to come to the sub station and personal hand them the arrest report because the under cover officer said they don't know what's going on they say it showed as a warrant but the detective want to talk to me. I told the undercover officer there no way a detective wants to talk to me because I don't make trouble. that when he looked at it and said it old but it was just filed and he told me it looks like a dv charge.

I could understand if my wife had any marks on her then it would be justified, but with no marks what so ever on her the detective could have at lease tried to contact me and ask me what was going on???

Edited August 7, 2012 by emanuel

[emanuel 0]

I think you missed the message.

On MOST of the prior posts written about 'this',

it was SOLELY the concept of having someone around when moving things out of the house, when leaving.

regardless, if I were in your shoes, I'd disappear, flee the home with a bag, then change all pins on all bank accounts, change all passwords on your emails, change your telephone numbers, and don't contact her anymore. But that's just me - I'm a hard, cold-hearted SOB about this stuff.

You've a court date looming, and it's on you to prep for that.

You'll need to secure an attorney,

and have your brother deposed, with the written deposition submitted into the casefile during the discovery phase. When/if it gets to the discovery phase, though, make certain your attorney files a claim of false accusation. The District Attorney will use it later, when pursuing her for filing a false claim; in the end, though, you MIGHT have a solid case for false arrest - make sure your attorney is ready to chase after the PD - something is really wrong there.

Your attorney needs to review the report of filing, and the arrest report, soonish.

Also, IMO, JustaShooter is right - she's made new friends and is being coached for filing a VAWA claim. Walk away, close the door, and focus on the court case. File NOTHING for her AOS..

End of my two cents. With 2 more cents, you can have a nice sliver of soap.

that's the problem I don't qualify for a public defender and a lawyer is so much. I went to a couple and the average was 8000 because it's a felony. as strange as my story sounds I'm pretty much summarizing what the arrest report has in it and many of you on here are saying something is write so I'm hoping when I go to court the DA will feel the same way.

[Darnell 8,479]

all attornies have payment plans.. just saying.

[Que Saudade 284]

I could understand if my wife had any marks on her then it would be justified, but with no marks what so ever on her the detective could have at lease tried to contact me and ask me what was going on???

Unfortunately, that is not how CDV works. They can and will arrest on the word of a victim. The troubling part is that it is a felony charge, which usually implies battery versus verbal threats, which also is an arrest-able offense. Another thing to take into consideration is what state you are in. CDV Laws vary greatly state from state.

Darnell's post was dead on with the counter claims you should make against her. It will be hard to get a false arrest against the PD. But you definitely can go for it.

You definitely need to get away. All she has to do is trip and fall as she walks by you and claim you pushed her and it is over.....

Edit: what I don't get is why a restraining order has not been requested. That will be useful to your lawyer.....

Edited August 7, 2012 by Que Saudade

[emanuel 0]

this is a 100 percent a summary of the police report I left out the names but this is all the arrest report has in it:

the arrest report is about 1.5 paragraph and it states:

we had an argument which became physical and the victim stated I choked her she then pushed my hands away, then it went on to say I then squeezed her waist until her hand went numb then dragged her to the room by her hair and told her to stay there.

Note: I'm about 120 heavier then her but she was able to push my hands away while I'm choking her

remember after all of this she had absolutely no marks on her.

Edited August 7, 2012 by emanuel

[Kathryn41 3,205]

Two posts containing inappropriate comments have been removed. Please be careful with how you state your opinions so as not to be offensive.

[sanyata 16]

There are three sides to every story. We've only heard his side and somehow I think her story and the static facts (third side) might indicate there is some guilt and/or unacceptable actions on both parties behalf. Reading through these postings I can't help but think both people need some serious help and counseling.

As to the OP's opinion that having a third party around doesn't help I would suggest he hasn't played that card yet. Wait until he has his brother testify and his opinion might change... unless it goes against him.

Either way it is very sad that people are living their life's this way.

[rlogan 2,036]

Note: I'm about 120 heavier then her but she was able to push my hands away while I'm choking her

You were choking her?

[emanuel 0]

You were choking her?

NO, the arrest report states I was choking her so if I'm 120lbs heavier then she is how in the world she can push my hands lose and have absolutely now marks on her neck because if she did it would have been notated in the arrest report

Edited August 7, 2012 by emanuel