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criminal complaint for assault & battery

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leikela

Guest
What is the name of your state?What is the name of your state? Massachusetts

Hi :) While rooming in a dorm @ a state college, I became involved in a physical altercation with my roommate. What happened was that my roommate and I became involved in a verbal argument which became physical when my roommate began to push/shove me while I reached for the light switch that she felt the need to block (this is ridiculously stupid, by the way). At one point, she either tried to slap me or hit me in some way (I'm not really sure), but ended up pressing her hand against my throat and ultimately against my windpipe. After that, I proceeded to lightly push her left shoulder to push her out the door (we were in the doorway), so as I could lock her out. She ended up pushing her way through, grabbed her key, and left, ending the altercation.
The next day, I spoke to my RA about it, who in turn spoke with the RD. I had to tell the whole story to the RD and then campus police was called in due to the fact it is a domestic violence problem. During this time that I spoke with the campus police, I also proceeded to show them the bruise on my right forearm & the scratches I had on my left elbow, left upperarm, & right hand. I found out later from the report that my roommate had confirmed my version of the altercation, however she stated that "she did place her hands on my throat but was defending herself from me. She reported that I shoved her in the back numerous times during the altercation. [which I didn't] She also stated that she "does not bruise so she can't prove it."
Due to the fact that our statements did not match up, both of us were restricted from the dorms until further notice. Unfortunately, I'm an out-of-state student, so I had to find a place to stay (which resulted in finding a place to live for the past 2 weeks-- although I went home for thanksgiving). The next day after being restricted, both of us had a meeting with the Director of Res Life and were continued to be restricted and in addition would be separated from each other, our room, & most likely our dorm. I had my hearing that day and 3 days later received my results which included being restricted from the all dorms until they found me a new room, having to take an educational computer module thing on "How to Live Successfully with a Roommate", being on residential probation for a year, and not being allowed to room on my floor again until after May 20th, 2005. The Tuesday after the campus police got involved, I proceeded to try and get a restraining order put on her (just a restraining order of no communication, no yardage is involved). The restraining order case was deferred to today so that my now ex-roommate could attend and possibly refute the restraining order. Well, yesterday morning, I finally was able to get my mail out of my old dorm (my mailbox is still in there) and I received a letter from my ex-roommate's lawyer stating that he was representing her in the case and was seeking a continuance which the continuance was set for Nov. 30th (which I of course missed), so the case was pushed to this coming Monday, December 6th.
In addition to that letter, I also received a form that was filled out by my ex-roommate stating that she was applying to file a criminal complaint against me for assault & battery (even though she has no proof). The date for the criminal complaint hearing is set later this month, unfortunately at the exact same time as my final exam for one of my classes.
This is what I would like to know...
1) Do I need a lawyer?
2) What are the chances of her winning the criminal complaint?
3) While there were no witnesses, should I ask people who were involved within the school's judiciary case or the people she admitted to hitting me to testify?
4)What should I do at the restraining order hearing?
5) Should I try to make a deal with her that if she drops the criminal complaint, I'll drop the restraining order?
6) Any other advice you have, would be greatly appreciated... I'm a poor, out-of state, all by my lonesome college student and I can't afford (emotionally, mentally, and somewhat physically) to go through this :(

Thanks again! :)
 


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andr0195

Guest
yea, that sounds like a woman to me.. just be glad your not in minnesota =P

I would recomend getting a lawyer.. even a public defender should be fine. I would suppena (sp?) the people from your school, as well as their records. I would wait for her to testify/file the complaint, etc, then bring up what she said before. Then contact the DA as ask them to file charges for lieing under oath.

As far as finals, etc.. you should be able to talk to the prof and setup a time to do it the day before, etc.

Good luck.. youll need it =/
 

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