Defamation of character??

[akenned001]

What is the name of your state? WA

OK - I have an issue and I NEED to help my baby brother.
He's just recently divorced from his wife.
1- She has a DV on her record - because of this, isn't it true that she shouldn't have been made custodial parent of the children?

Just recently - there was an incident at her home while picking up the children. Basically there was a fight. Our mother and a friend of hers were angry and were ready to become physical. Because of the DV against her - our mother went to stand inbetween her and my brother to prevent a physical altercation. She pushed our mother, 2nd time she pushed her to the ground - she and mother began exhanging blows - her friend joined in and they are both hitting our mother. My brother goes to remove his ex wife and hits her in the back - mother has her by the hair and is slamming her head against the car - her friend has my mothers hair and is hitting her in the back of the head and me - well I'm trying to separate the girl from my mother. There was a continuation of this fight between my brother and her brother. Next - the only people to call the police in this whole matter was my mother and my son. Her mother was on top of the stairs the whole time yelling into the phone.
Police arrived at the scene and took my brother and mother into custody - my brother was released the next day with no charges filed.
We find out that she's filed for a restarining order. In her statement she states that my mother and brother attacked her and repeatedly hit her in the head. That I tried to assist her by pulling my mother away from her. In her statement, there was no mention of the friend, her hitting my mother first, the fact that she AND her friend were hitting my mother.
She also states that my mother has been using her ssn and posing as her to obtain information about her.
2 - Can't her statement for the restraining order be considered perjury since there was no mention of ALL the facts. Her friends presence for instance?
3 - Does the fact that my mother had a supeona to obtain her records have any bearing (she's upset that because of my mother - DSHS is investingating her for fraud)
4 - She hasn't had my mother or brother served with their papers and mother is due in court on tuesday (she's supposed to be served 5 days prior to court date)
5- Isn't there anything that can be done since she was the one that first became physical?

[fairisfair]

I think we are all just too shocked to even reply.

[Silverplum]

Originally Posted by fairisfair

I think we are all just too shocked to even reply.

Honestly, that is exactly what I thought when I first read this post. Then I rode on by the trainwreck.

When I saw your reply, I had to click to see what on earth someone, even nice Fair, could possibly have to say to OP. Now I'm shocked again!

[fairisfair]

Originally Posted by Silverplum

Honestly, that is exactly what I thought when I first read this post. Then I rode on by the trainwreck.

When I saw your reply, I had to click to see what on earth someone, even nice Fair, could possibly have to say to OP. Now I'm shocked again!

All I can see is a really bad episode of cops. Sorry, not even I could stick up for this one.

I can't even pick out a good guy.

[Silverplum]

Originally Posted by fairisfair

All I can see is a really bad episode of cops. Sorry, not even I could stick up for this one.

I can't even pick out a good guy.

Thus verifying your good sense.
Too freaky for words. Wow. Just. Wow.

[BL]

When It does go to Court the Judges' head is going to spin . I'd like to be a fly on the wall .

Sounds like an all out brawl. Jerry Jerry Jerry Jerry !!! LOL

[CdwJava]

Originally Posted by akenned001

OK - I have an issue and I NEED to help my baby brother.
He's just recently divorced from his wife.
1- She has a DV on her record - because of this, isn't it true that she shouldn't have been made custodial parent of the children?

No. One does not necessarily follow from the other. It often does, but the information presented to the court may not have been compelling. And if the court gives the children to the party convicted of DV there must be some other pretty heinous allegations in the mix.

We find out that she's filed for a restarining order. In her statement she states that my mother and brother attacked her and repeatedly hit her in the head.

When the TRO goes to court, both parties will bring their witnesses and a judge will decide.

She also states that my mother has been using her ssn and posing as her to obtain information about her.

She can claim what she wants. Without proof to back it up, it is irrelevant. If she reported it to the police, the police will look into it to determine if there is any proof of such a thing ... IF this is a crime in WA.

2 - Can't her statement for the restraining order be considered perjury since there was no mention of ALL the facts. Her friends presence for instance?

No. It wouldn't be perjuruy. But a judge may decide that this is compelling enough info not to grant a R/O.

3 - Does the fact that my mother had a supeona to obtain her records have any bearing (she's upset that because of my mother - DSHS is investingating her for fraud)

A subpoena against whom for what records? And why?

It probably has no bearing as a subpoena is not a decision on anything - it is a request for information. I can subpoena something with minimal cause - it doesn't mean that you did anything.

4 - She hasn't had my mother or brother served with their papers and mother is due in court on tuesday (she's supposed to be served 5 days prior to court date)

Apparently they know they have to be in court. If they don't go, guess what? It likely gets continued!

5- Isn't there anything that can be done since she was the one that first became physical?

I presume they made their statements to the officers that showed up? They can ask if their claims were forwarded to the DA and ask if they could forward charges against her and her friend for assault.

But, I'll tell ya, in situations like this where everyone accuses everyone else, DA's and the cops usually call it a wash as there is no way to prove beyond a reasonable doubt who did what to whom.

It sounds like this whole family needs some serious conseling. And, frankly, I would have gotten CPS involved and would have considered seizing any children from this relationship to compel the so-called adults to start behaving like adults.

- Carl

[stealth2]

And I think OP and her Mother need to butt the heck out of the situation. What an embarrassment for the children.