What is the name of your state?
INDIANA
My wife,18 month old son and 4yr old daughter was shopping at walmart, since my daughter turned 4 she has had violent temper tantrums, I am not one for corporal punishment, but certain times it is necessary. this was one of those days, as we were shopping our daughter started misbehaving, my wife and I decided I would deal with it at the car, we were in the back of the store and parked in the back of the parking lot. all the way to the car my daughter was SCREAMING, KICKING PUNCHING, AND TRYING TO BITE. one I got to the care I put her in the seat, tried to calm her, to no avail, so I turned her over and swatted her butt, 4 times, then turned her over and told her she was bad and needed to calm down that mommy would be here soon, she got worse, and wanted to go back into the store. she was still flailing about, I told her again to calm down, or she would be spanked, Unfortunately she did not listen again I gave her 4 swats, finally I picked her up she calmed down. I had noticed a woman a few cars away she had called the police, and embellished what had happened, and basically down right lied. in fact she basically said I was beating my daughter uncontrolibly.
:
because of the lies of this woman even though my wife tried to tell the police that I am not even the disciplinarian, I try to do everything I can to not spank the police officer took me to jail, I am charged with a class D felony assault and battery on a minor. My attorney is confidant this will be dropped, yet the charges will stay on my record, it has cost our family financially, and has a huge mental strain on both of us, we have the full support of both sides of the family, and our child's doctor. all this because this person who could not see because of tented windows on our car, and only herd the screaming of my daughter.
;
it is also sad because the other day she was with her grandma and started to run away when she called for her she ran to her quick and said I am sorry grandma I don't want you to go to jail like daddy I will stay with you, she thinks it is her fault, she is 4 she should not be worried about such things. this person has caused us so much, I am a great dad but now I have nightmares, and continue to think of that day and it is effecting my work.
:
Our child's Doctor is the one who suggested we seek legal advice and sue this woman so she does not destroy someo0ne else's life, and maybe she will think before doing what she did.
;
my current Lawyer is not a civil lawyer and said I need to consult one, so do I have a case? can I sue, for the money I lost because of bail, loss of work attorney fees, extreme mental anguish on myself and family, plus the humiliation, and the fact that I now have a record . even when the case is dropped?
INDIANA
My wife,18 month old son and 4yr old daughter was shopping at walmart, since my daughter turned 4 she has had violent temper tantrums, I am not one for corporal punishment, but certain times it is necessary. this was one of those days, as we were shopping our daughter started misbehaving, my wife and I decided I would deal with it at the car, we were in the back of the store and parked in the back of the parking lot. all the way to the car my daughter was SCREAMING, KICKING PUNCHING, AND TRYING TO BITE. one I got to the care I put her in the seat, tried to calm her, to no avail, so I turned her over and swatted her butt, 4 times, then turned her over and told her she was bad and needed to calm down that mommy would be here soon, she got worse, and wanted to go back into the store. she was still flailing about, I told her again to calm down, or she would be spanked, Unfortunately she did not listen again I gave her 4 swats, finally I picked her up she calmed down. I had noticed a woman a few cars away she had called the police, and embellished what had happened, and basically down right lied. in fact she basically said I was beating my daughter uncontrolibly.
:
because of the lies of this woman even though my wife tried to tell the police that I am not even the disciplinarian, I try to do everything I can to not spank the police officer took me to jail, I am charged with a class D felony assault and battery on a minor. My attorney is confidant this will be dropped, yet the charges will stay on my record, it has cost our family financially, and has a huge mental strain on both of us, we have the full support of both sides of the family, and our child's doctor. all this because this person who could not see because of tented windows on our car, and only herd the screaming of my daughter.
;
it is also sad because the other day she was with her grandma and started to run away when she called for her she ran to her quick and said I am sorry grandma I don't want you to go to jail like daddy I will stay with you, she thinks it is her fault, she is 4 she should not be worried about such things. this person has caused us so much, I am a great dad but now I have nightmares, and continue to think of that day and it is effecting my work.
:
Our child's Doctor is the one who suggested we seek legal advice and sue this woman so she does not destroy someo0ne else's life, and maybe she will think before doing what she did.
;
my current Lawyer is not a civil lawyer and said I need to consult one, so do I have a case? can I sue, for the money I lost because of bail, loss of work attorney fees, extreme mental anguish on myself and family, plus the humiliation, and the fact that I now have a record . even when the case is dropped?