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Assault charge

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zman93

Junior Member
I went up to deliver paperwork to my ex-wife in Seattle at the end of July. I handed her the paperwork and promptly left(about 2 minutes). About 5 minutes later, I get a call from her to go back to her place to explain the paperwork and I said no. Then she said to come back and get some of the CD I just gave her, she said it wasn't hers. I know it's hers. So I said NO again.(she still got a friendly voice) Then she said to come back and sign the paperwork together and I said no. I told her we need to go to notary public and there is nobody that can do it a 10pm. So I said No again. Then she gets mad and says that I will hear from her lawyer. So about 2 weeks ago, I get a letter from the city of Seattle for assault charges. WTF??? I didn't even touch her. Do the cops have to come and make the report for the city of Seattle to sue me? Do they have to have a witness for this to be valid? Do the cops take pictures of who knows what(if anything). I live in Oregon.
 


CdwJava

Senior Member
What did this letter say? That you have to appear in court for charges of Assault?

If so, I'd recommend hiring an attorney. Because even if she shouldn't have made the allegations, apparently she did.

- Carl
 

zman93

Junior Member
Yes, I have to go to court. I have already contacted a lawyer and now we are waiting for the police report. I want to see what kinda BS is in there. If they say she's full of S*@T can they charge her for lying under oath?
 

CdwJava

Senior Member
zman93 said:
Yes, I have to go to court. I have already contacted a lawyer and now we are waiting for the police report. I want to see what kinda BS is in there. If they say she's full of S*@T can they charge her for lying under oath?
Finding there to be insufficient cause to sustain the allegation is not the same as proving she lied under oath. Proving the lie is very difficult. I have almost never seen those cases get filed due to the difficulty of proving the lie beyond a reasonable doubt.

If it were that easy, then every case where a witness was discredited or not believed by a jury would end up in a perjury prosecution or charged for lying under oath.

You might be able to sue her because the level of proof is lower (preponderance of the evidence as opposed to proof beyond a reasonable doubt), but don't count on a criminal prosecution.

- Carl
 

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