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Offensive Touching

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shalove

Junior Member
What is the name of your state? DEL

i have a loser ex and he has claimed i hit him and called the poilce we hav a no contact order which is GREAT! but when i went to court i pleaded not guilty since he is lying. he is only doing it to try and cause problems for me since i have had him arrested 2 times and now he wants to try and stick BS on me.

we have to go to court in 3 days and see a judge since i pleaded not guilty.

What will happen in court?
what will the judge do? im nervous cause i know i didint hit him and its a lie but what will the judge say or do since im guessing the judge wont know who is telling the truth or who is lying. i dont wantto get stuck with this bogus lie.
Also is there any legal action i can take myself against him for this false BS?
Is there anything i can say or do in court to have it thrown out of court or dismissed since he cant prove i hit him and i cant prove i didnt?

SHA
 


BelizeBreeze

Senior Member
When he makes the charges in court ask that he submit any hospital bills, EMS examination sheets or photos taken by the police at the time he filed the report.

If he has none, ask the judge to dismiss on the grounds that he has failed to prove a prima facia case.
 

I AM ALWAYS LIABLE

Senior Member
shalove said:
What is the name of your state? DEL

i have a loser ex and he has claimed i hit him and called the poilce we hav a no contact order which is GREAT! but when i went to court i pleaded not guilty since he is lying. he is only doing it to try and cause problems for me since i have had him arrested 2 times and now he wants to try and stick BS on me.

we have to go to court in 3 days and see a judge since i pleaded not guilty.

What will happen in court?
what will the judge do? im nervous cause i know i didint hit him and its a lie but what will the judge say or do since im guessing the judge wont know who is telling the truth or who is lying. i dont wantto get stuck with this bogus lie.
Also is there any legal action i can take myself against him for this false BS?
Is there anything i can say or do in court to have it thrown out of court or dismissed since he cant prove i hit him and i cant prove i didnt?

SHA

My response:

You two idiots deserve each other.

IAAL
 
S

seniorjudge

Guest
shalove said:
What is the name of your state? DEL

i have a loser ex and he has claimed i hit him and called the poilce we hav a no contact order which is GREAT! but when i went to court i pleaded not guilty since he is lying. he is only doing it to try and cause problems for me since i have had him arrested 2 times and now he wants to try and stick BS on me.

we have to go to court in 3 days and see a judge since i pleaded not guilty.

What will happen in court?
what will the judge do? im nervous cause i know i didint hit him and its a lie but what will the judge say or do since im guessing the judge wont know who is telling the truth or who is lying. i dont wantto get stuck with this bogus lie.
Also is there any legal action i can take myself against him for this false BS?
Is there anything i can say or do in court to have it thrown out of court or dismissed since he cant prove i hit him and i cant prove i didnt?

SHA


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.
 

shalove

Junior Member
could you plz define a Prima Facia?

THx so much BelizeBreeze and Seniorjudge.

I AM LIABLE, i have looked around to help others with their questions if i can but have notice when you reply to peoples questions you NEVER give any Good advice or help. instead you only waste peoples time by replying with some low life remark. Get a life or move in with my Ex you Loser!

SHALOVE
 

stephenk

Senior Member
If there is a "no contact" order in effect, how is he explaining why he was with you when the so-called attack took place?
 

shalove

Junior Member
Yes, there is a no contact order.
it was a day when he came in my work and dropped my son off without notice. when he came to my house to pick our son up that night i yelled at him about leaving my son at my work. i then went to get our sons stuff ready for him. he then tried to walk in my house and i yelled at him to get out and pushed him towards and out the door.
he then called the police and said i smacked him in the face.

im not sure how he will explain i hit him.

he is constantly trying to make things hard for me. why are there men out there that never get the hint and move on?

so anymore advice that i need to know?

shalove
 
Last edited:
S

seniorjudge

Guest
shalove said:
could you plz define a Prima Facia? SHALOVE
Definitions of prima facie on the Web:

* A legal presumption that arises from a basic showing of facts which will control a decision unless explicitly proved untrue. In the EEO area, statistics of under utilization have been sufficient to make a prima facie case for discrimination. It is then the responsibility of the employer to justify those statistics.
www.sunysb.edu/diversity/Glossary.html

* So far as can be judged from the disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.
court.nol.org/publications/glossary.htm

* Literally means "at first sight" or "on the face of it." "Prima facie evidence" is evidence that is good and sufficient on its face. A plaintiff makes out a "prima facie case" when he or she presents "prima facie evidence," which means that the plaintiff is permitted to prevail on that evidence alone, unless the defendant can put forth sufficient evidence to overcome it.
www.edgarsnyder.com/resources/terms/p.html

* Evidence good and sufficient on its face.
www.courts.state.va.us/glossary_of_court_terms.html

* at first glance, on the first appearance. In legal contexts prima facie evidence is considered sufficient to establish a claim in the absence of counter-evidence; hence, in this context prima facie evidence is relatively strong. In much philosophical writing, however, it is most often the case that reasons or evidence is called prima facie as a rhetorical preamble to presenting counter-evidence or counter-argument. Thus, in philosophical contexts ‘prima facie’ carries the connotation not of strength, but of weakness.
philosophy.wlu.edu/gregoryp/class/fall02/313/glossary.html

* Latin for "On its face," or "at first view." At first glance; as things appear on the first impression.
www.wwind.com/legal_dictionary/p.htm

* Presumptive on its face.
www.rpmlx.com/Glossary/glossaryP.htm

* Latin phrase meaning "at first sight." Thus, in the ethics of WD Ross, a prima facie duty is a defeasible presumption that we are obligated to perform an action. Recommended Reading: WD Ross, The Right and the Good (Hackett, 1988) {at Amazon.com} and Mary Anne Warren, Moral Status: Obligations to Persons and Other Living Things (Clarendon, 1997) {at Amazon.com}. Also see IEP.
www.philosophypages.com/dy/p9.htm

* Literally, "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.
www.utcourts.gov/resources/glossary.htm

* Latin for at first sight. Fact assumed to be true unless subsequent evidence disproves it.
www.yourwebassistant.net/glossary/p18.htm

* (Lat.) At first view or on its face. Requiring no additional support to establish validity or credibility. Presumed to be true unless disproved by evidence to the contrary. Refers to evidence that, at first appearance, seems to establish a particular fact, but that may be later contradicted by other evidence.
ilawyer.com/library/glossary.jsp

* Latin - on the face of it or at first sight.
www.sands-trustee.com/pq.htm

* a Latin term meaning "at first sight"; used to describe a fact that is presumed to be true unless disproved by contrary evidence;
www.manitobacourts.mb.ca/english/definitions.html

* At first appearance, at first view before investigation.
www.window.state.tx.us/taxinfo/audit/motorfue/glossary.htm

* by a first or initial showing (of the minimum evidence needed to support some conclusion of fact or law). GS 116-143.1(e), in part, makes the domicile of a student's parents prima facie evidence of the student's domicile. Read along with the rest of subsection (e) and with reference to subsection (d), however, this provision is transformed by the whole statute from the minimum evidence function into simply a substantive beginning point of inquiry for the residence classification.
regweb.oit.unc.edu/residency/manual_terms.php

* Literally, at first view. Thus, that which first appears seems to be true.
www.crfonline.org/orc/glossary/p.html

* at first view; that which appears to be true and is accepted as being true as long as contrary evidence is not detected.
www.ots.treas.gov/glossary/gloss-p.html

* A case, which has proceeded upon sufficient proof to that stage where it will support findings if evidence to the contrary is disregarded.
www.courts.state.mn.us/districts/fourth/General/LegalTerms6.htm

* Evidence sufficient in law to establish a fact unless rebutted.
www.creditworthy.com/info/glossary.html

* At first glance
www.insurexchange.com/glossary/pandi.htm

* In a legal context: at first look; self-evident. Paul Williams and Norman Cigar, two fellows at The Balkan Institute, prepared a prima facie case for the indictment of Slobodan Milosevic by the International Criminal Tribunal in 1997. They concluded that Milosevic was legally responsible for war crimes in Bosnia between 1991 and 1995. The Tribunal reviewed the prima facie and chose not to indict Milosevic. Frontline researcher Michelle Nicholasen reported on the possible reasons for the tribunal's action in "What About Milosevic?"
www.facsnet.org/issues/specials/kosovo/glossary.php3

* Latin, "on first appearance." A term frequently encountered in foreign trade. When a steamship company issues a clean bill of lading, it acknowledges that the goods were received "in apparent good order and condition" and this is said by the courts to constitute prima facie evidence of the conditions of the containers; that is, if nothing to the contrary appears, it must be inferred that the cargo was in good condition when received by the carrier.
www.fibre2fashion.com/texterms/shipping_terms/shipping_terms12.htm

* ‘On the face of it’; ‘on the first impression’.
www.lrc.justice.wa.gov.au/RevCCJS-p92/finalreport/finalreporthtml/glossary.html

* as it seems at first sight; "a prima facie case of murder"
* at first sight
www.cogsci.princeton.edu/cgi-bin/webwn

* Prima facie is a Latin expression meaning "at first sight," used in Common law regions to denote a case that is strong enough to justify further discovery and possibly a full trial.
en.wikipedia.org/wiki/Prima_facie
 

HomeGuru

Senior Member
I AM ALWAYS LIABLE said:
My response:

Or, it means the color of your car - - Prima facie gray.


IAAL

**A: I thought it was that white primer coat that they paint your car before the real color is used?
 

I AM ALWAYS LIABLE

Senior Member
HomeGuru said:
**A: I thought it was that white primer coat that they paint your car before the real color is used?


My response:

He's baaaaaaaaaaaak!

Howdy, Homie!

I certainly hope everything has worked out for you. Let me know.

IAAL
 

HomeGuru

Senior Member
I AM ALWAYS LIABLE said:
My response:

He's baaaaaaaaaaaak!

Howdy, Homie!

I certainly hope everything has worked out for you. Let me know.

IAAL
**A: thanks IAAL. Good to be baaaaaaaaack. Yes, everything worked out great. Cases are over and done.
 

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