I'm Being Legally Punished for Self-Defense...What Do I Do?

[SEickhoff]

I've been trying to figure out what to do about the fact that my son's father keeps trying to throw me in jail. In the beginning of the year I went to pick my belongings up from his house, and he forced himself into my car before I could do anything and started harassing my boyfriend at the time. I got him out of my car and he started physically attacking me. Because I apparently left marks on him, they sent me to jail. About a week ago I got put on probation for a year, drug tests, batterer classes, and fines all over this case from the beginning of 2009. The very day after all this happens, I needed to pick my son up from his grandmothers...I was unaware that she'd left my son with his father. And when I got there, he accused me and my fiance of beating my child. Which not only blew me away...but agitated me to the point I needed to leave. I picked my child up and ran outside...and he chased me to my car. I was putting my son in his carseat when i realized Jeff [son's father] was pulling open my fiances door trying to pull him out of the car, threatening to beat him. He then came to my side of the car and started pulling me out to get to my son. Now he knew that I'm pregnant. Yet he continued pulling on my stomach and pushing me into the car trying to get my son out. He then kicked me in my stomach...keep in mind...I'm PREGNANT. I saw his leg lift, and plummet straight into exactly where my uterus is at right now, and I felt sudden pain and started uncontrollably vomitting. Jeff got into the drivers door and took the keys out of the car while trying to tell my fiance to get out. I pulled him out of the car...again, and squeezed myself in the seat while trying to keep him from unlocking my son's door. There were many people watching this, hearing me scream that i'm pregnant and he's hurting me, yet noone ever helped. I called the police after we left, but they acted like there was nothing I could do. The police interviewed my son's father and took pictures of marks that were NOT from me, and told him I would be getting a felony this time. How can I get out of this considering I did nothing but push him off of me and pull him out of the car...how does he keep getting away with this? and what can i do about him kicking me in the stomach while i'm pregnant? how is it that Elkhart County can't see something wrong with this man...please help me. What is the name of your state (only U.S. law)? IndianaWhat is the name of your state (only U.S. law)?

[JETX]

Okay, we've read YOUR VERSION of the story. The problem here is that we haven't heard the other side, which is likely different.

There are some glaring problems here:
1) If the story is as you claim and you have WITNESSES ("There were many people watching this, hearing me scream that i'm pregnant and he's hurting me"), did you tell the police that fact?? If so, it is very hard to believe that the police didn't take action against him.

2) The police officers who responded to the scene, clearly saw evidence of your abusing HIM. At lease sufficient enough for them to arrest you, get charge(s) filed against you... and a conviction on the charge(s) - ("About a week ago I got put on probation").

In order for the story to be as you claim, would take a HUGE conspiracy involving the witnesses (you claim exist), the police, the prosecutor and the court.

Sounds like you need to have your attorney file a request to modify the child custody order to require 'turn over' at a neutral location... preferably the police station. It would save them a lot of time and gas.

[Banned_Princess]

Why didn't you just avoid all of that by having the police come and supervise the exchange? Why weren't you on the phone with 911 while he was attacking you? Why didn't your "fiancé" defend you while you were being dragged by your pregnant stomach? he could have been calling the police,

I don't get why you facilitated this attack by "grabbing your son" from him, you know you have a restraining order, not to go near him, you know how he reacts, and acts, you did nothing to make the exchange any better. and yet you egged him on, bringing the other guy by his house, fighting in front of the kid, I will be surprised if the courts don't consider giving your son to his father.

You need to be smarter. Seriously, smarter.

[Proserpina]

How many times have you actually been charged, and/or convicted, of assault?

[CdwJava]

As a note, the police are probably no going to respond to supervise a child custody exchange. When I first got to my town we spent a good portion of Friday evenings and Sunday evenings running around watching custody exchanges ... then, if we were delayed, the parties would blame each other - and us - and we wasted a lot of time dealing with reports and exchanges that we never should have. Now, we only respond to these exchanges if there is some articulable belief that there might be violence, and we suggest the exchange be done in one of several public locations with cameras and people. That's worked out fine and dandy for us.

The other thing that has worked is having a friend with a video camera accompany the parties and video the exchange ... everyone seems to mind their manners when they know their is audio and video.

- Carl

[Ohiogal]

Where was the vomit?

now, and I felt sudden pain and started uncontrollably vomitting.

The police saw it everywhere right?