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General Assault

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Denniskb

Junior Member
What is the name of your state (only U.S. law)? Virginia

My step-son is going through a divorce. His wife has been cheating (Private PI has video). She is acting very irrational and here is his situation. 3 weeks ago he was getting ready to b athe his 2 youg boys. His wife was sitting on the toilet seat and he asked her to leave so he had room to bathe the boys. She gave him a hard time and refused to leave so he took hold of her hand and genly, and I do mean gently because he is the most non-violent man I've ever met. I realize this is still simple assault even though there was no ill will meant, he just wanted her to give him room. However, she is now holding this over his head and threatening to call the police any day now and report this "assault". The said "I WILL have you removed from this house soon and put in jail. She very likely intends to have him put in handcuffs and taken into custody right before Christmas regardless of whether she has to lie or not. The she plans on getting an order of protection against him. This man is as gentle as anyone can be yet she has lost her mind.

My question is this; would it be a good idea for him to contact a police detective or officer and explain the situation as to when and how this incident occurred (just so theres a record). I just figure that if there is a record of the incident and along with the fact she never called the police (because he did not hurt her in the slightest), if she were to fabricate a new incident or even file a complaint several weeks later (CLAIMING IT JUST HAPPENED) then it might show that she is just looking for a reason to get him out of the house permanantly. Maybe\, taking this all into consideration, a judge might see this for what it really is and she would be charged with filing a false police report.

And ideas or advice here? She doesn't know he has had a P.I. on the case and the adultry charge has been proven already. Maybe they could come to some sort of understanding after she sees the hours and hours of video showing her with this convicted felon ( YUP 4 felonies and over 40 other criminal charges) and he's done 14 months in jail for posession of a controlled drug...Ummmmmm now I'm not suggesting "blackmail" but ummmm it's not like it hasn't been done before, probably thousands of times. :) adn his wife works with 2nd grade children in the county school system as a "special Ed" teacher. I need some recommendations here. Should he speak to a police officer first???
 


CdwJava

Senior Member
If he contacts the police and confesses to the battery, do you really think she will agree that it was a soft touch of some kind? I suspect it will be akin to him yanking her arm nearly out of her socket or some such thing.

I would recommend that he speak with a divorce attorney to determine how best to handle the entire matter before calling the cops to confess to something he may not have to.
 

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