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  1. #1
    liquidmetalix is offline Junior Member
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    can you go to jail for assault with no proof?

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

    I have been served papers saying I have to go to court for the following charges being brought by my wife.

    attempted assault
    assault in the second degree
    assault in the third degree
    harassment in the first or second degree
    disorderly conduct
    menacing in the second or third degree

    she is saying i have been abusing her and the children for many years.
    one of the incidents mentioned say i attacked her in November of 2008 with a steak knife and stabbed her in the lip.
    and apparently i kick and throw her cat around.
    also on the the day she moved out of my home:
    (direct from the paperwork)

    the petr states that the resp and his current girlfriend violently removed her from the home. the resp attempted to throw her down the stairs while petr was in pre-labor.

    oh and apparently i am very dangerous and a likely to use a firearm on her.

    she wants the court to adjudge me of these crimes.
    enter a order of protection that i can never contact her or my children ever again, and she wants to retrieve her cat from my premises (that she believes is still here, i got rid of that cat the day she left, you cant force me to take care of your pet)

    she has called my house threatening me and my roommate (who is not my girlfriend) with her friends saying they will be at court and will say they saw me abusing her and the children and they gonna make sure i go to jail and vulgarities.

    she has no proof of any these things she is charging me with, can i go to jail even though she has no evidence?
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by liquidmetalix View Post
    What is the name of your state (only U.S. law)? New York

    I have been served papers saying I have to go to court for the following charges being brought by my wife.

    attempted assault
    assault in the second degree
    assault in the third degree
    harassment in the first or second degree
    disorderly conduct
    menacing in the second or third degree

    she is saying i have been abusing her and the children for many years.
    one of the incidents mentioned say i attacked her in November of 2008 with a steak knife and stabbed her in the lip.
    and apparently i kick and throw her cat around.
    also on the the day she moved out of my home:
    (direct from the paperwork)

    the petr states that the resp and his current girlfriend violently removed her from the home. the resp attempted to throw her down the stairs while petr was in pre-labor.

    oh and apparently i am very dangerous and a likely to use a firearm on her.

    she wants the court to adjudge me of these crimes.
    enter a order of protection that i can never contact her or my children ever again, and she wants to retrieve her cat from my premises (that she believes is still here, i got rid of that cat the day she left, you cant force me to take care of your pet)

    she has called my house threatening me and my roommate (who is not my girlfriend) with her friends saying they will be at court and will say they saw me abusing her and the children and they gonna make sure i go to jail and vulgarities.

    she has no proof of any these things she is charging me with, can i go to jail even though she has no evidence?
    You can go to jail if she can convince the court that you're guilty. Whether she has what you consider to be evidence is irrelevant.

    You need an attorney.
  3. #3
    LdiJ is offline Senior Member
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    And...in my humble opinion, you were a total jerk for getting rid of her cat. In fact, you were the biggest jerk on the face of the earth.

    I have had quite a bit of sympathy for you up until this point. I no longer have any at all.

    Now I have gone and read your prior posting history and you are not too much of an upright guy, are you?
    Last edited by LdiJ; 08-04-2010 at 09:20 AM.
  4. #4
    Isis1 is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    And...in my humble opinion, you were a total jerk for getting rid of her cat. In fact, you were the biggest jerk on the face of the earth.

    I have had quite a bit of sympathy for you up until this point. I no longer have any at all.

    Now I have gone and read your prior posting history and you are not too much of an upright guy, are you?
    I'm just going to have to say ditto to that. If i keep talking i'm going to get banned.

    Didn't say you didn't do it, huh?
  5. #5
    CdwJava is offline Senior Member
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    Here is how it works ... the state will make it's case based upon witness testimony and any physical evidence to show that you are guilty of the crimes alleged. Your attorney will attempt to raise reasonable doubt as to the charges by challenging the evidence and the credibility of any witnesses.

    Given all the allegations it is very likely that SOMETHING happened. You may want to consider a plea deal to some lesser offense.

    Consult legal counsel.
    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
  6. #6
    neopandora is offline Member
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    Quote Originally Posted by Isis1 View Post
    Didn't say you didn't do it, huh?
    That was my first thought exactly. I lost all patience with this poster in his other thread. OP you need a lawyer yesterday
  7. #7
    liandrajade is offline Member
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    You know, you said in your thread about seeing your kids, that the police didn't do anything. Honey for her to be pressing CHARGES on you, then the police HAD TO HAVE FOUND SOME EVIDENCE for her to even be able to press charges on you.

    What a liar, you're credibility is totally done, I hope that "mini vacation" in Atlantic City was fun.

    NY criminal and family courts are NOT a joke my man, I can tell you that FIRST HAND. If she is really lying, then yes the judges wil get pissed and will really reprimand her. If she has enough CREDIBLE evidence, you are toast.

    Also in regards to you having custody, this is probably another reason why NEITHER of you have custody right now. You are both craptastic parents.

    shakes head..ugh..get a lawyer, you are going to need it...
  8. #8
    tranquility is offline Senior Member
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    While others have interesting points, what CdwJava said.
  9. #9
    liquidmetalix is offline Junior Member
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    Quote Originally Posted by liandrajade View Post
    You know, you said in your thread about seeing your kids, that the police didn't do anything. Honey for her to be pressing CHARGES on you, then the police HAD TO HAVE FOUND SOME EVIDENCE for her to even be able to press charges on you.

    What a liar, you're credibility is totally done, I hope that "mini vacation" in Atlantic City was fun.

    NY criminal and family courts are NOT a joke my man, I can tell you that FIRST HAND. If she is really lying, then yes the judges wil get pissed and will really reprimand her. If she has enough CREDIBLE evidence, you are toast.

    Also in regards to you having custody, this is probably another reason why NEITHER of you have custody right now. You are both craptastic parents.

    shakes head..ugh..get a lawyer, you are going to need it...
    no, i did not do any of the things she alleges and there is no evidence.
    she is using the fact that my daughter had a black eye to do all of this.
    she has no proof, no medical paperwork stating she has bruises, scars, cuts or even went to hospital after any of the alleged abuse she wants the court to adjudge me with.
    she will most likely try to build her entire case off of my daughters black eye, and possibly have some of her friends come to court and try to lie for her.
    while I on the other hand have witnesses that have seen her abuse her children before and paperwork that shows she has tried accusing people of abuse of this nature before in the past and pursued to no avail because she was lying.
    For the most part I have a clean record, the only thing I have on my record is for when i got charged with hopping a turnstyle.
  10. #10
    mistoffolees is offline Senior Member
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    Quote Originally Posted by liquidmetalix View Post
    no, i did not do any of the things she alleges and there is no evidence.
    she is using the fact that my daughter had a black eye to do all of this.
    she has no proof, no medical paperwork stating she has bruises, scars, cuts or even went to hospital after any of the alleged abuse she wants the court to adjudge me with.
    she will most likely try to build her entire case off of my daughters black eye, and possibly have some of her friends come to court and try to lie for her.
    while I on the other hand have witnesses that have seen her abuse her children before and paperwork that shows she has tried accusing people of abuse of this nature before in the past and pursued to no avail because she was lying.
    For the most part I have a clean record, the only thing I have on my record is for when i got charged with hopping a turnstyle.
    Go back to my first answer. If she convinces the court that you're guilty, you lose. You need an attorney.

    BTW, if you have witnesses of her abusing the children, why didn't you call CPS at that time?
  11. #11
    liquidmetalix is offline Junior Member
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    woops double post, mods please delete
    Last edited by liquidmetalix; 08-04-2010 at 10:35 PM. Reason: woops sorry double posts
  12. #12
    liandrajade is offline Member
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    Quote Originally Posted by mistoffolees View Post
    Go back to my first answer. If she convinces the court that you're guilty, you lose. You need an attorney.

    BTW, if you have witnesses of her abusing the children, why didn't you call CPS at that time?
    And to add to this also, with the exception of the infant who you do not think is yours, the other 2 are yours correct? So why would you allow your spouse to abuse your children???

    YOU have stood by and allowed it also, you are no better...
  13. #13
    liquidmetalix is offline Junior Member
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    Quote Originally Posted by liandrajade View Post
    So why would you allow your spouse to abuse your children???
    i didn't know how to address the situation without antagonizing her and further endangering the children.
  14. #14
    Isis1 is offline Senior Member
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    Quote Originally Posted by liquidmetalix View Post
    i didn't know how to address the situation without antagonizing her and further endangering the children.
    That either makes you a coward not fit to be around children, or a liar. Which is it?
  15. #15
    liquidmetalix is offline Junior Member
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    you have to understand what kind of person she is.
    she gets mad, she takes it out on the children.

    if it makes me a coward to not want to do something that might cause further harm to my children, then i am a coward then.

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