charges dismissed

[waitinMd]

What is the name of your state? MD

I have a court hearing next month to keep my ex's violent boyfriend away from my child. In the motion filed by her lawyer, she says "the motion requested by the plaintiff to change custody order"... I did not request anything. The judge made the decision that the bf can not be around the baby from my ex's testimony. She said they fight all the time, she moved out several times in a few months, and she said he grabbed her arm, pushed her into a wall, and kicked her out when our child was sick with 104 fever and upper resp infect.

Another item in the motion said that my ex has complied with the order pertaining to stay away from the bf....she was just found in contempt of the order two weeks ago. (I had a PI).

The ex's bf has criminal charges and previous domestic violence charges that were filed by another girlfriend. I have the entire file from the courthouse showing the police reports and what he ex girlfriend wrote. BOTH charges were dismissed because BOTH incidents, he was lucky enough to have the other party not show. He ex's gf's father is a lawyer and setteled it out of court.

So..... my question is.... will the judge still consider the charges occured??? Will he read the file on the previous domestic violence????

 

[seniorjudge]

...I have a court hearing next month to keep my ex's violent boyfriend away from my child. In the motion filed by her lawyer, she says "the motion requested by the plaintiff to change custody order"... I did not request anything. The judge made the decision that the bf can not be around the baby from my ex's testimony....


If you didn't request it, then dismiss it.

 

[waitinMd]

I can't dismiss it. It is a motion to modify order.

The first 'gournd' states:

This matter came for a brief heaing before the Honorable Judge name on Feb x, 2006 on the Plaintiff, xxx, complain to Modify custody.

It then lists 9 additional reasons why the plaintiff should be allowed around the violent bf.

 

[waitinMd]

The judge issued an order that said:

When 'my ex' has the parties child in her custody, the individual identified as 'bf's name" may not be in the minor child's presence or in any location where the minor child is;"

 

[seniorjudge]

Q: So..... my question is.... will the judge still consider the charges occured??? Will he read the file on the previous domestic violence????

A: I have to admit that I do not have the faintest idea what you are talking about. In any event, if you want answers to your questions above, your lawyer should ask the judge in the lawsuit those questions.

 

[waitinMd]

Thank you.


I guess I don't understand that when charges are dismissed because other parties don't show, it no longer 'matters'.. The bf had horrible domestic violence charges against him by a orevious gf. It was setteled out of court, so both parties did not show up.

Because they were a no show does not negate that they happened? I will have my lawyer ask the judge to read the charges.

 

[waitinMd]

Thank you.


I guess I don't understand that when charges are dismissed because other parties don't show, it no longer 'matters'.. The bf had horrible domestic violence charges against him by a orevious gf. It was setteled out of court, so both parties did not show up.

Because they were a no show does not negate that they happened? I will have my lawyer ask the judge to read the charges.

 

[waitinMd]

Thank you.


I guess I don't understand that when charges are dismissed because other parties don't show, it no longer 'matters'.. The bf had horrible domestic violence charges against him by a orevious gf. It was setteled out of court, so both parties did not show up.

Because they were a no show does not negate that they happened? I will have my lawyer ask the judge to read the charges. The gf who filed the charges has a father who is lawyer. My lawyer spoke to him and him verified the allegations were true. My lawyer wrote me a letter stating this.

 

[LdiJ]

Thank you.


I guess I don't understand that when charges are dismissed because other parties don't show, it no longer 'matters'.. The bf had horrible domestic violence charges against him by a orevious gf. It was setteled out of court, so both parties did not show up.

Because they were a no show does not negate that they happened? I will have my lawyer ask the judge to read the charges. The gf who filed the charges has a father who is lawyer. My lawyer spoke to him and him verified the allegations were true. My lawyer wrote me a letter stating this.

Part of the problem is that you aren't explaining the situation well/clearly. Therefore we can't understand what is really going on.

Try, again, putting things in chronological order and explaining exactly who is filing what, and why. You might get a better answer.

Otherwise, discuss it with your attorney.

 

[waitinMd]

you are correct. I will put them in order.

My ex had our child taken from her because of neglect.

We went to court for a hearing where I requested a motion to change custody, filing for full legal custody and primary physical.

During the hearing, she admitted to the judge that she used drugs and had them in her vehicle when she picked up our daughter. She also admitted that she moved out of her bf's house 7 times in two months because of fighting, and she told the judge she found him in bed with another woman, he chased her,grabbed her arm and shoved her up against the wall. He also threw out her and my daughter while my daughter was sick in the middle of the night. The child was only 5 months old.

the judge put in the order that she was not allowed around the violent bf.

She was in contempt of that order, along with ignoring the judge on getting her drug testing.

She is now filing a motion to be around the violent bf.

the bf has previous domestic violent charges on him from his previous gf, but they were dismissed. The parties did not show, that girls father is a lawyer and he took care of it out of court. My atty talked to him and he admitted that the incident took place. I have a letter informing me of such.

We now have to go to court to determine if my child is allowed around the violent bf. So, my question is..... will the judge consider reading charges that were dismissed???

Thank you.

 

[weenor]

No one knows what a judge will consider. However, it is unlikely that a judge would consider dismissed charges or give the evidence much weight if it is deemed admissible.

 

[waitinMd]

I would rather just go and make sure everything is documented. I think that if the judge allows her to be around this bf, there will be problems in the future. Then who's fault is it? Is the court held responsible for not protecting the child?

 

[ceara19]

I would rather just go and make sure everything is documented. I think that if the judge allows her to be around this bf, there will be problems in the future. Then who's fault is it? Is the court held responsible for not protecting the child?

The judge will likely read DV file to see WHY the charges were dismissed. That doesn't mean it will have any bearing on the outcome of your case. If the charges were dismissed for lack of evidence, it most likely will not be a consideration. If the charges were dismissed as part of a plea with the DA, it may still carry some weight in the custody case.

Being ARRESTED an CHARGED with a crime is not the same as being CONVICTED of a crime. If just being arrested was enough to win custody, mom could win the case by simply reporting you to the FBI as a terrorist.

 

[LdiJ]

I agree with the answers that you have already received. However, if the judge reviewed the evidence before and ordered that the child was not to be around the violent boyfriend, its really not that likely that the judge is going to change his/her mind now.....just a short time later.

The boyfriend was part of the reason why the judge gave you primary custody.

 

[ceara19]

I agree with the answers that you have already received. However, if the judge reviewed the evidence before and ordered that the child was not to be around the violent boyfriend, its really not that likely that the judge is going to change his/her mind now.....just a short time later.

The boyfriend was part of the reason why the judge gave you primary custody.

If the OP was given custody based SOLELY on the DV allegations that were dismissed, the judge my have no other choice but to reverse the decision. If there was additional evidence that would justify the change of custody without using the dismissed incident, then I agree, the order will likely stand.