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Thread: CDV in the 1st

  1. #1
    palmettosnow is offline Junior Member
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    Exclamation CDV in the 1st

    What is the name of your state (only U.S. law)? South Carolina


    I recently found out that i have a warrant out for my arrest for CDV in the 1st. Here is my situation:

    It happened on 12/26/2010 and i found out that a warrant is was being issued on 1/30/2011. My husband and I had an arguement it was about me bringing the kids back home (to minnesota) to visit my parents and my grandfather whom recently had a stroke. He told me that I wasnt going to bring the kids to see my side of the family that i should just go and leave my 3 kids there with him and i told him no, and he insisted that their was going to be any way that I could take them out of the state. I got upset and I punched him several times. He called the sheriff office (which he works for) they came out took statements and pictures and they asked him if he wanted to press charges at this time and he said no. I recently found out from a Detective at his work (i forgot to mention that hes a deputy sheriff) that he came in sometime the of the 23rd to press charges. And I asked him about that and he said yes that he wanted to press charges but he never told the Detective that, and he said that when the cops came he said at the time that he wanted to press charges. They did not arrest me at that time. I left later that night to come back to Minnesota with the kids. At this time I decided that I did not want to be married to him anymore. and he has refused to give me any money for the kids what so ever. The reasoning for me hitting him was because in Octorber of 2008 i was suspsoed to come back up to minnesota to give a depesition in an accident that i was in. he took our son from me from the whole weekend that i was susposed to go back to mn and i didn't see him. I called his department and they told me that I couldnt make a complaint against him or anything. I was afraid that if i did fell asleep that he would run off with now our 3 kids.
    I am now afraid to return back to south carolina with our kids. I know that when I do turn myself in that he is going to book off with our children and I will never see them again. His parents in the past have helped him that one time in Octorber and they lied to me about the whole thing. Telling me that they didn't know were he was when they did.

    I'm not sure what I should do? Ive talked to two lawyers and theyve told me that he wont run off with the kids because hes a cop. I can't believe that. It's hard for me to believe that.
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by palmettosnow View Post
    What is the name of your state (only U.S. law)? South Carolina


    I recently found out that i have a warrant out for my arrest for CDV in the 1st. Here is my situation:

    It happened on 12/26/2010 and i found out that a warrant is was being issued on 1/30/2011. My husband and I had an arguement it was about me bringing the kids back home (to minnesota) to visit my parents and my grandfather whom recently had a stroke. He told me that I wasnt going to bring the kids to see my side of the family that i should just go and leave my 3 kids there with him and i told him no, and he insisted that their was going to be any way that I could take them out of the state. I got upset and I punched him several times. He called the sheriff office (which he works for) they came out took statements and pictures and they asked him if he wanted to press charges at this time and he said no. I recently found out from a Detective at his work (i forgot to mention that hes a deputy sheriff) that he came in sometime the of the 23rd to press charges. And I asked him about that and he said yes that he wanted to press charges but he never told the Detective that, and he said that when the cops came he said at the time that he wanted to press charges. They did not arrest me at that time. I left later that night to come back to Minnesota with the kids. At this time I decided that I did not want to be married to him anymore. and he has refused to give me any money for the kids what so ever. The reasoning for me hitting him was because in Octorber of 2008 i was suspsoed to come back up to minnesota to give a depesition in an accident that i was in. he took our son from me from the whole weekend that i was susposed to go back to mn and i didn't see him. I called his department and they told me that I couldnt make a complaint against him or anything. I was afraid that if i did fell asleep that he would run off with now our 3 kids.
    I am now afraid to return back to south carolina with our kids. I know that when I do turn myself in that he is going to book off with our children and I will never see them again. His parents in the past have helped him that one time in Octorber and they lied to me about the whole thing. Telling me that they didn't know were he was when they did.

    I'm not sure what I should do? Ive talked to two lawyers and theyve told me that he wont run off with the kids because hes a cop. I can't believe that. It's hard for me to believe that.
    I'm sorry, but I guess I missed you having any valid reason for PUNCHING your husband SEVERAL time.
  3. #3
    CdwJava is online now Senior Member
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    Quote Originally Posted by palmettosnow View Post
    I got upset and I punched him several times.
    That explains the warrant.

    He called the sheriff office (which he works for) they came out took statements and pictures and they asked him if he wanted to press charges at this time and he said no.
    Unfortunately for you, what the victim wants in a DV situation is rarely an issue. The state generally pursues the matter regardless of the victim's wishes if there is probable cause to proceed and the case can be made without the victim's complete cooperation. If he decided to cooperate, all the better.

    I left later that night to come back to Minnesota with the kids.
    Are you facing any additional criminal offenses for taking the kids?

    At this time I decided that I did not want to be married to him anymore. and he has refused to give me any money for the kids what so ever.
    That's what a divorce decree or legal separation is for. Until a judge says he has to give you money, he can choose to do what he wants. If he prefers to buy the kids clothes and food directly and when they are with him, great. When you get divorced a judge will set alimony (if any), child custody and visitation, and child support.

    I am now afraid to return back to south carolina with our kids. I know that when I do turn myself in that he is going to book off with our children and I will never see them again.
    If you keep him from the kids, you could face possible federal charges as well as state charges. Not to mention that as long as the warrant exists, you will not be able to collect anything from him, will likely be ineligible for government loans or aid, SSI, etc. Not to mention the police may detain you every time they see you even if the jurisdiction holding the warrant chooses not to extradite that time.

    I'm not sure what I should do? Ive talked to two lawyers and theyve told me that he wont run off with the kids because hes a cop. I can't believe that. It's hard for me to believe that.
    You really think he is going to drop his career, go on the run as a criminal and take off with the kids when he currently has the upper hand? Really?

    Your actions have put him in a position of advantage in divorce court as it stands. Why would he want to drop everything and become a fugitive from justice? Your reasoning does not make any sense.

    Heed the lawyers.

    Speak to an attorney of your own and surrender yourself. Get the ball rolling for a divorce and work your way through the system.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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