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Domestic Violence alledged againt me by my Aunt

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Russ111

Guest
What is the name of your state? West Virginia

I am currently involoved in a case brought against me by my father's sister. A little history on this whole thing is:
In 1988, my brother and I purchased 2 plots of land from my grandparents. Both lots were combined into one plot. This plot is situated directly across a dirt state road from my grandmother's house and land. My aunt is residing with my grandmother and has been for more than a decade. My mother and father had placed a house on the property that my brother and I own with our permission in 1997. They have lived there full time since just up the hill from my grandmother. In May of 2001 my wife and I moved down to West Virginia into a school house that is situated on our property to be closer to my parents. Almost as soon as we moved, problems starting arising with my aunt and grandmother. Anything from them parking on our property without permission even after I had asked them not to park in my driveway, to them having all the land re-survied to determine exactly where their boundry line stopped and mine began. Nothing ever came about due to all of this persay, but there were many hard feelings and stupid accusations that were still tossed my way by both grandmother and aunt, including but not limited to them being afraid that I would "take" their property.
In January of 2003, my father was on my grandmother's property with permission, dressing a deer. I walked across to help him out. Without due cause my aunt proceeded to walk out of my grandmother's house and verbally assault me on her way down to where my father and I were. She was yelling about me being a liar since I had mentioned to my father about an episode that had taken place a few days before where she yelled across the road about me starving my dogs. I told her that she was saying terrible things and that she needed to keep her thoughts to herself. I had mentioned this to my father and he in return talked to my grandmother and aunt about it. The day that she "attacked" me, she denied saying anything about my dogs and called me a liar. She proceeded to walk down to where my father and I were and physically attacked me. I only defended myself and ended up with scratches on my face and neck and lost a necklace in the process. After the incident was calmed down, I called the State Police to come mediate. The state police came down and informed my aunt that she needed to appear at the station the next day to be formally arrested for battery. She was arrested for battery the next day however, the DA refused to press charges against her stating that she was the woman involved in the case, and that a woman couldn't assault a man. The day that it happened the Police offered to take her to the hospital if she felt that she needed medical attention as a result of the fight. She refused, stating that she was not injured. However, 2 1/2 days later she went to the hospital claiming injuries as a direct result of the "assault" on her. She filed with the court to have a Restraining Order placed against me, which was granted. I had a 180 day Restraining Order placed against me stating that I could not come within so many feet of her, or talk to her. I upheld my end of this order, to the best of my ability seeing how there is only about 50 feet between our doors. She put in a change of address at the post office for us stating that we had moved. She continued to come onto my property. I was told that there was nothing that I could do since she was the one that filed the order and that she was not violating it. I have never recieved any document stating that the Restraining Order was extended past 180 days. Is there still one against me? She has filed Domestic Abuse charges against me with the State of West Virginia, and is going to try to sue me for her medical bills. She has post-poned the court date a couple of times now. The last one was because 3 days before the hearing date she had to take my grandmother to the hospital and said that she could not make it to the hearing, even though there was nothing medically wrong with my grandmother and she was released from the hospital the same night that she was taken in. I have since moved from the state and started again in Pennsylvania, simply to get away from the harrassment. When I moved I was granted the ability to appear in this hearing telephonically. Today I recieved an evelope with 2 motions in it. One stating that she has only now hired counsel and that he needs a new date for the "final hearing" and asking the court to grant a continuance. If this continuance is granted this would make the 4th continuance. One continuance was due to a request by the judge, therest were requested by my aunt and were granted. The other Motion states that "The Petitioner argues that to allow the Respondant to appear telephonically at the final hearing significantly impairs her ability to confront the witnesses against her and the Court's ability to assess the Respondant's credibility when testifying.
Is there anything that I can do legally (ie:petition the court) to help out my situation. I can not afford legal representation nor can I afford to take the time off of a "new" job to appear in court in West Virginia. Why, if she is bringing this suit against me is she allowed to petition the court for "her right to confront witnessess against her." My wife and I are not the ones that are suing her. If we are ok with the telephonic court hearing can they still force me to appear in person even though it was granted to me earlier to appear telephonically? How many Continuances can a plaintiff request and how many will be granted?
To the best of my knowledge the judge will be appearing telephonically also, as she has in the past. Can't I still?
Lastly, can she really sue me for medical bills that she incurred 2 1/2 days after the incident? She was never hospitalized, however I am not sure if she has been back for follow-up.
Isn't this retaliatory action being taken against me? She did not file charges against me until after 2 days had passed and she had already been formally arrested by the State Police.
Any and all information and advice about this will be greatly appreciated. I know that I need to have some if not all of my bases covered when I finally get to have this hearing.
Look forward to hearing from you.
Thank you,
Russ111
 


VeronicaGia

Senior Member
Russ, your post is really, really long. I read most of it. My only advice is for you to get a police report that YOU called the police initially, and see what it says. It's inexcuseable that a police officer would state that "she couldn't have been the abuser since she's a woman."

And as much as you cannot afford an attorney, can you afford to be put in jail? Since your father witnessed this, will he testify on your behalf or help you in any way?

And you may want to shorten your post a little.
 
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Russ111

Guest
Veronica,

Thank you for your advice. Yes my father will testify on my behalf, but then again my aunt has my Grandmother and my uncle (who wasnt even there) to testify.
I will try to get a copy of the initial police report. Thank you
Russ
 

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