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Assult 4th/DV

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Sidekickfriend

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

(Jane) and her sister (Joan) are, were, living together and my ex had asked her sister not to do something. At this point Joan starts yelling and degrading Jane. While this is going on Jane's daughter is watching a movie on the computer and Joan starts messing with the monitor tipping it side to side and back and forth making the child upset. Janes asks Joan to stop multiple times which is followed up by more insults from Joan. At this point Jane throws a child's house slipper at Joan. To retaliate Joan picks up the house phone and throws at Jane's head. hitting her in the eyebrow Jane has a blackout moment and shoves Joan down the stairs, 10 steps.

I understand that this is defiantly a case for DV. This is the part I do not understand and sorry if it branches away a little.

Joan says she is going to call the police, but instead starts texting her friends and work while not removing herself from the situation. Eventually Joan calls the police. They give her 4TH Degree assault/DV and claim Jane prevented Joan from calling the police.

If Joan truly felt threatened or hurt wouldn't she have called the police first? Also being under extreme provocation, which from my understanding doesn't mean anything, what are Jane's options at her court hearing?

My biggest complaint is that Jane has no job plus a child is being forced to move out of the house in 10 days.
 


Zigner

Senior Member, Non-Attorney
I suspect that both parties need an attorney.
This is a matter between the parties and their respective attorneys.

Good day.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Washington State

(Jane) and her sister (Joan) are, were, living together and my ex had asked her sister not to do something. At this point Joan starts yelling and degrading Jane. While this is going on Jane's daughter is watching a movie on the computer and Joan starts messing with the monitor tipping it side to side and back and forth making the child upset. Janes asks Joan to stop multiple times which is followed up by more insults from Joan. At this point Jane throws a child's house slipper at Joan. To retaliate Joan picks up the house phone and throws at Jane's head. hitting her in the eyebrow Jane has a blackout moment and shoves Joan down the stairs, 10 steps.

I understand that this is defiantly a case for DV. This is the part I do not understand and sorry if it branches away a little.

Joan says she is going to call the police, but instead starts texting her friends and work while not removing herself from the situation. Eventually Joan calls the police. They give her 4TH Degree assault/DV and claim Jane prevented Joan from calling the police.

If Joan truly felt threatened or hurt wouldn't she have called the police first? Also being under extreme provocation, which from my understanding doesn't mean anything, what are Jane's options at her court hearing?

My biggest complaint is that Jane has no job plus a child is being forced to move out of the house in 10 days.
I agree with Zigner.
 

Eekamouse

Senior Member
Why didn't Jane remove herself from the situation before the assault occurred? And why was Jane fighting with another adult in from of a child in the first place?
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? Washington State

(Jane) and her sister (Joan) are, were, living together and my ex had asked her sister not to do something. At this point Joan starts yelling and degrading Jane. While this is going on Jane's daughter is watching a movie on the computer and Joan starts messing with the monitor tipping it side to side and back and forth making the child upset. Janes asks Joan to stop multiple times which is followed up by more insults from Joan. At this point Jane throws a child's house slipper at Joan. To retaliate Joan picks up the house phone and throws at Jane's head. hitting her in the eyebrow Jane has a blackout moment and shoves Joan down the stairs, 10 steps.

I understand that this is defiantly a case for DV. This is the part I do not understand and sorry if it branches away a little.

Joan says she is going to call the police, but instead starts texting her friends and work while not removing herself from the situation. Eventually Joan calls the police. They give her 4TH Degree assault/DV and claim Jane prevented Joan from calling the police.

If Joan truly felt threatened or hurt wouldn't she have called the police first? Also being under extreme provocation, which from my understanding doesn't mean anything, what are Jane's options at her court hearing?

My biggest complaint is that Jane has no job plus a child is being forced to move out of the house in 10 days.
Why are you more worried about your ex and child having to move than with your child being exposed to DV?
 

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