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falsely accused of battery of 14 y.o. son

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friedspuds

Junior Member
What is the name of your state?What is the name of your state? Indiana
My friend rec'd summons for a hearing with a battery charge of his 14 y.o. son. The police were called by the ex-wife (son's natural mother). The parents have joint custody. The son, age 14, called his dad a motherf**ker, as the son did not want to go to Church and the dad was telling son he had to go. When the son called father a motherf**ker, the father took ahold of son by the shirt and pulled son off couch onto a mattress on the floor, telling his son he (the son) cannot speak to him (father) that way. The mother and son are saying the father grabbed son by the neck, picked him up and threw son onto floor. Once son told mother, she called police. Charge of battery has been filed. Father's wife also present and reportedly heard the voices, but was in another room when alleged battery occurred. Mother of son alleges marks on son and supposedly has pictures (father took son to mother that day). I and my wife are Godparents of the son and we saw the son within 2 to 3 hours of alleged incident. Son showed me his back without shirt(showing off muscles) and I noticed nothing red, pink, bruised, etc. Also noticed no redness or marks on neck. Son has a history of not wanting to be with his dad because he hates going to Church. I have known father and son for approx. 11 years and have NEVER seen the father hit his son. DCF talked to father for only a few minutes, and didn't buy fathers story. The father is on SSDI after a drunk driver hit his semi, so funds are tight. This hearing is a prelim where father pleads guilty/not guilty. Father plans on pleading not guilty. Rec'g the summons yesterday, the father has only 1 week before court date to figure out what to do. He says he can't afford attorney. I think he is nuts to not get one. Any advice for the father?
 


friedspuds said:
What is the name of your state?What is the name of your state? Indiana
My friend rec'd summons for a hearing with a battery charge of his 14 y.o. son. The police were called by the ex-wife (son's natural mother). The parents have joint custody. The son, age 14, called his dad a motherf**ker, as the son did not want to go to Church and the dad was telling son he had to go. When the son called father a motherf**ker, the father took ahold of son by the shirt and pulled son off couch onto a mattress on the floor, telling his son he (the son) cannot speak to him (father) that way. The mother and son are saying the father grabbed son by the neck, picked him up and threw son onto floor. Once son told mother, she called police. Charge of battery has been filed. Father's wife also present and reportedly heard the voices, but was in another room when alleged battery occurred. Mother of son alleges marks on son and supposedly has pictures (father took son to mother that day). I and my wife are Godparents of the son and we saw the son within 2 to 3 hours of alleged incident. Son showed me his back without shirt(showing off muscles) and I noticed nothing red, pink, bruised, etc. Also noticed no redness or marks on neck. Son has a history of not wanting to be with his dad because he hates going to Church. I have known father and son for approx. 11 years and have NEVER seen the father hit his son. DCF talked to father for only a few minutes, and didn't buy fathers story. The father is on SSDI after a drunk driver hit his semi, so funds are tight. This hearing is a prelim where father pleads guilty/not guilty. Father plans on pleading not guilty. Rec'g the summons yesterday, the father has only 1 week before court date to figure out what to do. He says he can't afford attorney. I think he is nuts to not get one. Any advice for the father?

Depending on your state, but he should have council avail. if this charge has a sentence which can carry jail time, however, Az does not offer council if sentence is 6 months or less. Anyway, he needs to go find Proof of Facts on this type case, the statute annotated, and any other case history so he will know how to establish his defense.
 

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