falsely accused of assault and battery by minor

[blondi]

What is the name of your state?NC I have had sole custody since 1997 and father is basic deadbeat dad who works and don't depending on his mod.and pays child support the same. I have been super permissive with visitation up to this point because I felt it was important for a child to have father around. Recently my oldest son(16) requested to move to dad's I agreed only after setting rules and conditions such as continued good grades and attitude and that he must spend one night at my house for supper with rest of family.My second child (daughter 15) wanted the same (she was 14 at this time) I said no because she couldn't give me legitimate reason to move as son had. Since this things have gotten worse in our relationship which resulted in her repeately trying to fight with me and get me to hit her. She has BF that started fight with Dad to get to move in with mom. One night she swung and hit me once and I blocked second swing.then called 911 .She took off and I went looking for her.when I arrived home deputy was there and daughter claimed that I hit her. There were no mark/bruises therefore he advised me to got to juevennile tomorrow and talk with them(which I did)and her dad was there so I allowed her to go home with him.I was later charged with assault & battery and she was taken to ER where they stated she had a black eye. also ex-parte and temp emergency custody was given to dad. He also obtained tempemergency custody of two youngest kids. They were not there when this happened. No One was. How is the best way to fight this?? I can not hire lawyer due to funds and legal aid will not take because of domestic violence issues.Oldest son's grades have fell since he moved with Dad and youngest two kids have attitude/lashing out at school since incident. I have gotten verbal report from school but they are reluctant to help due to legal issues and the fact that dad has spoken to them and created numerous lies.I currently have gotten temp visitation only for weekend with youngest kids(girl 13, boy 9) I am not sure whether 1) I need custody case first or criminal case first 2)in criminal case what defense should I use and what possible course of action to take. I found an online site for students that gave me a sample ligitation case and have used it to figure out what question/evidence might be used but I need something for defendants.I have mounds of evidence that I could present and I know of things that would hurt the case but I am not sure if they are admissable or how to obtain them (such as 911 call.. I placed call and told circumstance of why I called.but was told it was a special procedure to get record not just supoena so I'm lost.)

 

[seniorjudge]

What do you want?

 

[blondi]

I want the BEST for my kids

I use to think that having both parents around and involved in their everyday life was the most important thing. Now I'm not at all convinced. My ex left when I was 8 mo pregnant with last kid and never really supported us either before or afterwards. I helped make excuse for him and allowed visitation whenever and where ever he/they wanted.I received child support occassionally but never forced the issue I just worked and took care of things myself until recently(probably 2-3 years) I recently some mental issues to deal with and was unable to work. I don't think everybody abuses the system but it bothered me to depend on welfare or anyone for that matter. I started pressing the issue of support more heavly. He didn't like it so he moved out of state.Long story short... he wanted kids to stay with him to avoid cs so with his encouragement "to help discipline kids"(they were becoming teenager and pushing limits but they always backed down when I put foot down) I let them spend the summer in WV and he was suppose to "show them how good they had it".Fat Chance. when school started back he moved back to NC with wife and 2 other kids(they were lying to gov and drawing funds that allowed them not to work and her to go to school)and wife now has job as a nurse he . He continues unemployed.Nice Huh? I don't think kids are best with him and I think daughter never realized full implications of her actions. She saw freedom with dad and wanted it. I am told she is quiet and withdrawn now but I still have ex parte in effect. I don't think she would ever change her story and tell truth but I think she is having major problems with it.I definately want charges gone but 1 lawyer suggested that I give custody of 2 oldest kids to Dad and keep custody or 2 younger kids therefore cancelling cs owed but ask for continued payments to go to past due amt of close to $14,000 that would satisfy dad for time being and he could get charges either dropped or reduce this way. I don't want her in situation that will cause her harm even if it hurts me in the long run. I can't do that.I have to fight both and I have to win custody. I can't lose assault because if I do... I lose custody.

 

[blondi]

new info.. how do i present evidence?

I have reviewed a tape recording and there is a conversation between my ex and myself. He was going to allow me to see son & daughter on a wednesday which was not ordered.I was greatful and happy then he told me no. He then consented and again said changed my mind. I have tape of the following conversation where I asked him why he was changing mind again. asked several other questions of which in one he says deputy told him if he didn't press charges they would and there wasn't a report filed. I have since gotten a incident/service call report from deputy that stated he didn't file report/charges because there was no evidence of such. He also stated he instructed me to juevenille office.my ex also gave time frame of events that are not within realm of reality.and listed injuries that were present on daughter when deputy was there and that he took her to ER after he left house because eye was swelling and when he reached ER it was purple/black.I live 15 min from hosp. I made the comment "yeah four hours later" (in response to his time frame) and he said" no not 4 hours later"he wanted me to pick kids up at his house and I could get them I insisted on courthouse as order stated and he told me fine I'll see you there friday.later he again to me I could see kids I told him I would send someone to pick them up he asaid no.then again he agreed my brother could then again said no.finally agreed my brother would pick them up and return them to him next night and the time . this is where tape was recording another conversation. He called on my cell phone about 30 mins after this conversation and said no to visit with explaination that his lawyer didn't think it was best.