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punched in the face

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irishgurley

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

My husband and I were picking up his son from the sons mother on october 1st. In doing so the mother had punched me in the face while I was buckled in my seat barley facing her. I went to the police because it was right behind the pickup area and I filed a report. This happened on a friday and on the following monday she went to family court and had an emergency order of protection for their son against me saying that I made it all up and she brought up all this stuff that wasn't true at all. So I am not allowed to be around my husband and his son until further notice.

This is how the situation started.

My husband and I were trying to buckle his son in his car seat, he is four years old. He started screaming for his mother, he does this everytime. She comes over and instead of consoling her son she starts talking to him and saying that we are terriable people and that we are very bad. I asked him to close the door and walk away to let his son cool down. He son started to try and get out of the car, that is when my husband came back and we tried again, he asked the mother to leave because she wasn't doing anything to help him she was making it worst and the child just kept screaming lounder and louder and she is standing outside our car door screaming to him that we are awful people that not to listen to us to remember what she tells him and only listen to her and not to us. We finally get him buckled and while we were doing it she started to curse at me in front of their son and my daughter. I told her angerly to go away I was not rude and did not swear. She then opens my door and is trying to pull me out of the car when her baby sitter had to pull her out while the baby sitter was holding her daughter. Then she gets her off of me and all of a sudden I hear the back driver seat door open and its her trespassing in my car. She takes my daughter out of the car and is sitting there climbing all over our things telling him not to listen and that we are awful. I told her three times to get out of the car and so did my husband and on the third time she punches me right in the face in front of her son and the she proceds to get out of the car. I was in the passenger seat of the car and their son was in his car seat behind me. I was buckled in and wasn't showing any force towords her. I was barley facing her.

This is what I told the police and so did my husband. That arrested her but it was only aggravated harassment because I did not have a bruise or bleeding when I went to the station but I did have a huge red mark on my left cornor of my forhead that when they measured was five inces and she broke my glasses. It did bruise and a bump later that night and I went back to the station where they took it down.

She went to family court stating that I was holding her from her child and that if she did hit me it was in self-defence. She said that I have mental helth problems and that I am an alcoholic and that I abuse everyone. She brought these claims up before three years ago, which after a long time where all proven to be lies.She also told the court that I told the son that his mother was going to jail, which neither of us said anything she said that when she picked him up he was very upset and crying and that he doesn't like me. That isn't true either we have it on tape. He was very happy because we went to a fair and a zoo and the son was tell his mother all about it. She has a court date for hiting me which she had adjourned because it was before the family court case.

I am wondering that what will happen to her when my husband proves that she has lied about that. That she is wasting the courts time. She hit me right in front of her son. She was trespassing in my car, not my husbands. And she is in violation of their order. He has a huge file of every allegation she has made and that everyone has been a lie. I am not allowed to be at my house to sleep at my house two to four nights a week now because that is when he has his son. I have to stay at a hotel. I have to spend all this extra gas. The reason why my daughter and I were there when he was picking his son up was because we were going away for the weekend. This is the third time we have had to go to the police, two other times she took their son when it was his time. Could he win custody of his son. Four days after this she put on her face book (she is 31) that she likes to hurt people who sit in the front passenger seat and can get away with it. They are both pharmacist. So one would think that could be adult like. She tells the son not to listen to us and say these terrible things about me his sister and his father. The son tells me that he is going to kill me because "mommy says that its okay beacuse your bad". What would it take for the judge to see that she is not a good person. Can I sue her anything, for my hotel bills or my extra expensices that I have to undertake now. I pay for my house and now I can't stay there. What can he do. thanks
 


mistoffolees

Senior Member
If what you say is true, then your attorney should be able to get the protection order against you dropped.

The DA will decide whether to prosecute her or not.

As for custody, it's not your issue. Have your husband post here. First, he is likely to have facts that you don't have. Second, you are a legal stranger and have no place in the discussion. Finally, your post reeks of emotion and bitterness and that doesn't help to resolve legal problems.
 

irishgurley

Junior Member
thanks a lot. The only reason why I have any emotion is because I can't be at my own house which I pay for it is very frustrating that she says all these things that aren't true and they only affect me. We have triend to work it out but it just doesn't. The only reason why leaglly it does affect me in my opion she entered my vehical when she had no permission and i told her to get out and she attacked me. I just don't understand why courts think that the other person doesn't matter because then it makes it seem that a parent can do something to the other and it doesn't matter, that I can't say anything. I am married to him and I could go to CPS and say she abused me right in front of her child. I am not writing it upset at all just making a point. I am just curious if the courts will finally see what she 's done, because also my child was there to so it involves my child his child sibling which she was attacking also. And my lawyer couldn't do anything about the order. According to the Judge and the DA. The oder had nothing to do with my husband it was only me. The whole thing is about me, so how does it not involve me. I am just saying what it says. I really don't understand. My child was involved his child was involved. She was arrested. I was the one assulted. So how doesn't it involve me. I'm married to him my car. I dont get it.
 

Isis1

Senior Member
In the criminal portion it involves you. In the custody proceedings, it doesn't involve you. Two separate issues.

Get an attorney for your restraining order hearing.

As for custody, mom is not losing custody over this one issue.

For now, even if the restraining order is dropped, don't show up at the custody exchanges. Even if dad drops you off at the corner stpre for a few minutes and picks you up after.
 

justalayman

Senior Member
here is is 3 weeks later. have you had a hearing on the restraining order? If not, why?


You may need to hire a lawyer to get this in front of the court asap. There is no reason you should be removed from your home. This is a situation between you and the mother, not you and the child.

get a screen capture of her statements on Facebook.
 

mistoffolees

Senior Member
here is is 3 weeks later. have you had a hearing on the restraining order? If not, why?


You may need to hire a lawyer to get this in front of the court asap. There is no reason you should be removed from your home. This is a situation between you and the mother, not you and the child.

get a screen capture of her statements on Facebook.
She probably doesn't even need that. She has a police record where Mom punched her in the face on Friday and she filed a complaint and then Mom files for a restraining order on Monday with no evidence. A decent attorney could probably have had that cleared up by now.
 

Antigone*

Senior Member
If there is tension between mom and dad at drop offs, why on earth is step mom even in the car?

If there is tension between mom and dad then it would be better for all parties involved, especially all the children, that dad drop off the child alone.

I don't think that the TRO states mom can't be around dad and son. I'm sure the TRO states mom cannot be around son. Mom is not being barred from her home. Until the TRO is dealt with or dismissed Dad has to make arragements to be with his son some place other than her home.
 

justalayman

Senior Member
She probably doesn't even need that. She has a police record where Mom punched her in the face on Friday and she filed a complaint and then Mom files for a restraining order on Monday with no evidence. A decent attorney could probably have had that cleared up by now.
you always fully load your weapon. While you may not have to fire all rounds available, if you need them and went off half loaded, well, you often lose.


Antigone*of*Greece If there is tension between mom and dad at drop offs, why on earth is step mom even in the car?
OP stated they were leaving on a trip. I would have to presume they were leaving from the school. Without knowing more details, that may have been a reasonable justification for mom being in the car along with dad.

I don't think that the TRO states mom can't be around dad and son. I'm sure the TRO states mom cannot be around son.
yes, that is clear as OP only needs to stay at some other place when the son is at the house. I would question the inclusion of that portion of the RO due to the father being present. It would be reasonable to think that dad would not allow anything to happen to the child. This is a momma e`momma problem.

and it has been 3 weeks. Why hasn't the ex parte` order been addressed fully in court yet? If I was mom, I would be hounding a lawyer to get this in front of a judge asap. There is no reason mom should be excluded from her own home, even with the boy child present unless there is some supportable claim she is a danger to the child.
 

irishgurley

Junior Member
Thank You for everyones respons. There are two trial dates set. Which in the criminal one she manage to have the judge postpone it until November 20th and family court is coming up. This isn't the first time she has done something he has gotten the police involved two other times for taking his son durning his time out of state. She has told the courts many of times that we abuse our children and has both of us not being able to be around the other at certin times. She told CPS that my husband "touchs" our little girl. This is what I am trying to ask. She goes to court when she doesn't get what she wants and just makes things up and the courts have beleived he everytime but when he went and said that his son is telling him that "momma hits me in my tummy" and is covered with marks they don't care. She told them that I do coke and herion and sell drugs my baby was taken away for three weeks because she wanted him to switch a date and he said no. We try to make it easy on her for the kid. I don't bad mouth her at all when the son asks if we like her and are friends we always say yes and if his sister my daughter is making something for me he'll ask me if i can help him make something for his mother. And I am never at the pickup/drop. only this time because we were going away for the weekend and our house is almost 30mins from where they exchange. I just don't think its fair that we both pay for the house but one of us has to leave. The kids go to the same daycare/preschool and I can't go to events because it states that I can't be in 500feet of his son. We have had other plans where we just have to not go to now. I don't care who she is I just care that I got attacked but I am the one who got in trouble. thats all. Yeah it has been three years of this. She tried to get us both fired from our jobs, we both work in pharmacy and she would call and say we were taking drugs or money and that I would give our children(our daughter,his son) drugs and beer. I mean I had my kid taken away for something that didn't involve me. It just frustrating thats all.
 

irishgurley

Junior Member
also in their order it says that they are not suppose to talk about about each other and signifcant others to the child, she was screaming at the son to not listen to us, that we are awful, also they are not suppose to verbal abuse and she did that too. I am just trying to point out the things she did and their order or that we both pretty much got attacked for no reason.
 

justalayman

Senior Member
who issued the order of protection? Typically that is not a family court and you have stated nothing about a hearing for the RO. An RO stems from the criminal courts typically.

a RO is granted on a temporary basis as an ex parte order (on the word of only one party.)For the order to be continued there must be a hearing where you are allowed to defend yourself.

the hearing for the RO would be separate from any other action.
 

stealth2

Under the Radar Member
I don't think that the TRO states mom can't be around dad and son. I'm sure the TRO states mom cannot be around son. Mom is not being barred from her home. Until the TRO is dealt with or dismissed Dad has to make arragements to be with his son some place other than her home.
OP stated they were leaving on a trip. I would have to presume they were leaving from the school. Without knowing more details, that may have been a reasonable justification for mom being in the car along with dad.

yes, that is clear as OP only needs to stay at some other place when the son is at the house. I would question the inclusion of that portion of the RO due to the father being present. It would be reasonable to think that dad would not allow anything to happen to the child. This is a momma e`momma problem.

Oh hell no - it is NOT momma e`momma. There is only ONE momma, and it is NOT OP! SHE is stepmomma.

and it has been 3 weeks. Why hasn't the ex parte` order been addressed fully in court yet? If I was mom, I would be hounding a lawyer to get this in front of a judge asap. There is no reason mom should be excluded from her own home, even with the boy child present unless there is some supportable claim she is a danger to the child.
And again - get yourselves straight. MOM is not excluded from her home or her husband or anything else. STEPmom is. Seriously.

And yeah, OP - if you want to dump the drama, you'll stay home or around the corner next time. You're not helping the kid by being there.
 
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Antigone*

Senior Member
And again - get yourselves straight. MOM is not excluded from her home or her husband or anything else. STEPmom is. Seriously.

And eya, OP - if you want to dump the drama, you'll stay home or around the corner next time. You're not helping the kid by being there.
Thanks stealth for that correction. I should have caught that myself:)
 

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