False Battery Arrest, Attempt by Ex-Fiancee to Gain Custody of Daughter

[AADunbar13]

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

This morning I received a call from my brother. He was arrested out of bed with no warning (allegedly no Miranda rights read to him either). His ex-fianc� reported he beats her and showed them bruises on her legs. In reality, she hits and throws things at him. After much convincing, he had filed a report yesterday about the domestic abuse he was enduring from her. It is clear to me that this is a false arrest, however, the officers reported that there was an injury consistent with battery. They also reported that neither he nor she were being completely honest. They set bail at $3000 and refuse to release him for 12 hours. Can he really not get out even when bail is posted?

The back story:
The two were engaged until my brother accused her of lying and cheating a month or so ago. He discovered she was at least stripping (where the bruising is from and possibly prostitution as well) and didn't want to remain with her. She has a daughter from a previous relationship and they have another daughter together. CPS has been called on her with her first daughter multiple times and recently regained joint custody. She is extremely negligent and my brother is the one who takes care of both girls, including financially. He is an amazing father to both girls. He has difficulty saying no to her and she manipulates him into staying and not getting her in trouble. She then stabs him in the back.

WHAT ARE STEPS THAT I CAN TAKE TO a) DEAL WITH THIS CHARGE AND HAVE IT DROPPED AND b) ENSURE HE CAN STILL GAIN AT LEAST JOINT CUSTODY?

List of counter-measures I was planning on taking (Comment DO/DON'T with explanations please):
1) Retrieve all his belongings asap so she doesn't steal or sell them (she stole his wallet/car before). Would I need a police escort or just his permission to enter home?
2) Call CPS and report her negligence. Would this negatively affect him as well?
3) File a complaint to the sheriff's office, claim the accusation is falsified, and insist on an investigation of the battery charge.

Any and all advice will be immensely appreciated! Its amazing how little help law enforcement is willing to give!!!

 

[Proserpina]

You don't have standing to do anything.

If you call CPS, yes of course it will mean that they'll take a long look at him too - specially the part about him not doing anything about any alleged abuse.

You'll likely find the police reluctant to do anything for you because you have no right to interfere.

They're grownups - let them handle this mess.

 

[AADunbar13]

You don't have standing to do anything.

If you call CPS, yes of course it will mean that they'll take a long look at him too - specially the part about him not doing anything about any alleged abuse.

You'll likely find the police reluctant to do anything for you because you have no right to interfere.

They're grownups - let them handle this mess.

I understand I have no LEGAL standing to do anything. However, there is always something I can do. Your response is almost entirely negative opinion...not advice. Police can respond well...they are human so they can be coerced. As for your final piece of "advice," he is my family and where I'm from we take care of family when they need help.

 

[Silverplum]

I understand I have no LEGAL standing to do anything. However, there is always something I can do. Your response is almost entirely negative opinion...not advice. Police can respond well...they are human so they can be coerced. As for your final piece of "advice," he is my family and where I'm from we take care of family when they need help.

This is a legal board. You sought it. Of course the answer is that you have no legal standing.



You can hire him an attorney. You can post his bail. Since you're in need of advice, that's what you can do.

 

[Silverplum]

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

This morning I received a call from my brother. He was arrested out of bed with no warning (allegedly no Miranda rights read to him either). His ex-fianc� reported he beats her and showed them bruises on her legs. In reality, she hits and throws things at him. After much convincing, he had filed a report yesterday about the domestic abuse he was enduring from her. It is clear to me that this is a false arrest, however, the officers reported that there was an injury consistent with battery. They also reported that neither he nor she were being completely honest. They set bail at $3000 and refuse to release him for 12 hours. Can he really not get out even when bail is posted?

The back story:
The two were engaged until my brother accused her of lying and cheating a month or so ago. He discovered she was at least stripping (where the bruising is from and possibly prostitution as well) and didn't want to remain with her. She has a daughter from a previous relationship and they have another daughter together. CPS has been called on her with her first daughter multiple times and recently regained joint custody. She is extremely negligent and my brother is the one who takes care of both girls, including financially. He is an amazing father to both girls. He has difficulty saying no to her and she manipulates him into staying and not getting her in trouble. She then stabs him in the back.

WHAT ARE STEPS THAT I CAN TAKE TO a) DEAL WITH THIS CHARGE AND HAVE IT DROPPED AND b) ENSURE HE CAN STILL GAIN AT LEAST JOINT CUSTODY?

List of counter-measures I was planning on taking (Comment DO/DON'T with explanations please):
1) Retrieve all his belongings asap so she doesn't steal or sell them (she stole his wallet/car before). Would I need a police escort or just his permission to enter home?
2) Call CPS and report her negligence. Would this negatively affect him as well?
3) File a complaint to the sheriff's office, claim the accusation is falsified, and insist on an investigation of the battery charge.

Any and all advice will be immensely appreciated! Its amazing how little help law enforcement is willing to give!!!

Quoting for community.

 

[justalayman]

WHAT ARE STEPS THAT I CAN TAKE TO a) DEAL WITH THIS CHARGE AND HAVE IT DROPPED AND b) ENSURE HE CAN STILL GAIN AT LEAST JOINT CUSTODY?

there is nothing you can do to affect either of these other than be a witness if requested.



List of counter-measures I was planning on taking (Comment DO/DON'T with explanations please):

1) Retrieve all his belongings asap so she doesn't steal or sell them (she stole his wallet/car before). Would I need a police escort or just his permission to enter home?

if she is there it would be a good idea to have a police escort. In fact, he should call the police and ask them to do this. Otherwise if the girl calls the cops, they are going to tell you to go away.

2) Call CPS and report her negligence. Would this negatively affect him as well?

how is she negligent? Kids skin and bones? Burn marks or bruises?

3) File a complaint to the sheriff's office, claim the accusation is falsified, and insist on an investigation of the battery charge.

Um, no. You cannot insist on anything and the battery charge is being investigated as you read this. Anytime they prosecute somebody, they investigate the crime to determine the best way to present their evidence.

 

[Ohiogal]

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

WHAT ARE STEPS THAT I CAN TAKE TO a) DEAL WITH THIS CHARGE AND HAVE IT DROPPED AND b) ENSURE HE CAN STILL GAIN AT LEAST JOINT CUSTODY?

You can pay to get him an attorney. That is what you can do. You cannot have the charge dropped. Nor can you ensure he can still gain at least joint custody.

List of counter-measures I was planning on taking (Comment DO/DON'T with explanations please):
1) Retrieve all his belongings asap so she doesn't steal or sell them (she stole his wallet/car before). Would I need a police escort or just his permission to enter home?

You have no right to enter her home. In fact, police are not going to help you retrieve anything if she says it is hers or denies having his stuff. It is a civil matter between him and her.

2) Call CPS and report her negligence. Would this negatively affect him as well?

If she is negligent then so is he for doing nothing about it.

3) File a complaint to the sheriff's office, claim the accusation is falsified, and insist on an investigation of the battery charge.

What part of -- YOU HAVE NO LEGAL STANDING HERE -- don't you understand.

Any and all advice will be immensely appreciated! Its amazing how little help law enforcement is willing to give!!!

You have no right to do anything. You have no clue what happened because YOU were not there. You are defending your brother who apparently doesn't have the brains God gave a fly because he stayed with this woman and allowed his child to remain there -- thus not protecting his child -- and you are not much brighter because you don't see how your brother is just as negligent/neglectful -- if not more so -- than his girlfriend. It is NOT clear that this is a false arrest because it appears there was probable cause which means there was NOTHING false about the actual arrest.

You also have no evidence that he didn't hit her. In other words, nothing you have said here helps your brother in any way.

 

[CdwJava]

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

This morning I received a call from my brother. He was arrested out of bed with no warning (allegedly no Miranda rights read to him either).

No warning is required, and Miranda is not required after an arrest. Miranda requires BOTH custody AND interrogation.

His ex-fiance reported he beats her and showed them bruises on her legs. In reality, she hits and throws things at him. After much convincing, he had filed a report yesterday about the domestic abuse he was enduring from her. It is clear to me that this is a false arrest, however, the officers reported that there was an injury consistent with battery. They also reported that neither he nor she were being completely honest. They set bail at $3000 and refuse to release him for 12 hours. Can he really not get out even when bail is posted?

Was he arrested based upon a warrant? Or, did they arrest him based upon probable cause? In other words, did a judge issue an arrest warrant for him, or did the police enter the residence with her consent and she told them he thumped her and they made the arrest as a result of her statements?

It is NOT a "false arrest" if they made the arrest upon probable cause or an arrest warrant. Be certain you have the correct terminology before you start bantering legal terms about. She might have made a false report to the police, but, this would not be a "false arrest." Since you were not there, YOU do not know whether what she said was true or not. Of course you believe your brother, but, you are not a witness.

WHAT ARE STEPS THAT I CAN TAKE TO a) DEAL WITH THIS CHARGE AND HAVE IT DROPPED AND b) ENSURE HE CAN STILL GAIN AT LEAST JOINT CUSTODY?

YOU cannot do a darn thing. About all you CAN do is help him contact and pay for legal counsel to represent him in the criminal trial and any civil matter in Family Court.

Keep in mind that anything he tells you is NOT confidential and you could, in theory, be called by the state to testify against your brother. So, he'd best keep his comments to himself and speak only to HIS attorney.

List of counter-measures I was planning on taking (Comment DO/DON'T with explanations please):
1) Retrieve all his belongings asap so she doesn't steal or sell them (she stole his wallet/car before). Would I need a police escort or just his permission to enter home?

You'd better hope she allows you in. If she says "no" chances are you will be stuck outside.

2) Call CPS and report her negligence. Would this negatively affect him as well?

CPS will likely see this as a case of "sour grapes" or retaliation, and if any allegations of abuse and neglect occurred while he was present, he would be just as liable - perhaps more so if he is seen as abusive and controlling.

3) File a complaint to the sheriff's office, claim the accusation is falsified, and insist on an investigation of the battery charge.

You would have no standing. You can tell them about it, but when they ask you if you were there and you reply that you were not, then they will likely dismiss your claim. Your BROTHER can make a statement to them, but I suspect that any attorney he gets will tell him to shut up.

Any and all advice will be immensely appreciated! Its amazing how little help law enforcement is willing to give!!!

Uh ... what "help" would you expect them to provide???