Assault Charges

[Matthew Strawn]

What is the name of your state (only U.S. law)? Oklahoma

How long after an incident can someone file assault charges?

The story goes:
Saturday June 15th around 1:00am a friend of mine left my house. On his way out he stopped by a neighbors house right around the corner whom was having a keg party to celebrate their daughter's 21st Bday . When he walked in he observed my ex-wife there with both of my kids (ages 2 and 6). Being a good friend he called and politely said that he knew it was none of his business, but that my kids were over there around a bunch of drunk people. I walked over there, knocked on the door, and asked the owner of the house to come outside. The owner came and I explained to him that I was not here to crash his party, but I just wanted to get my kids and have them come down to my house and go to sleep. The owner said no problem I completely understand and about that time my ex walks out drunk and proceeds to yell at me (she's drunk). I try to, in a calm voice, without upsetting the kids, tell her that I just want the kids to come over to my house and go to sleep, and that she can get them in the morning on her way out. She continues yelling and the kids are upset at this point. I try to walk home, she follows me and then proceeds to hit me in the back of the head telling me she hates me. She screams "I am calling my dad!!" Ten minutes later her dad comes blazing around the corner. I assume he is mad at her for calling him at what is no 2:00am in the morning. I walk down to my neighbors and as soon as her dad see's me he screamed "you want a piece of me" and then swings and hits me in the eye. I defend myself, and in the process of defending myself, my ex decides she does not like the turn of events and proceeds to start punching me in the back of the head. I then get up and walk back to my house. I receive a text about an hour later stating "is that all you got bitch?" I did not reply. The next day, Sunday the 15th, he sends me another text saying "domestic violence in the presence of a minor, wonder how much time and money that's going to cost you?" and then another "Charges have been filed, get ready for felony assault and battery charges *******." Today, June 24th, a sheriff comes to my work. I was not here, but he left a note with a case number. I called Sheriffs office and they could not tell me a whole lot, other than the guys name (Ex's father) and something about a protective order and court on the 3rd of July. What should I do hear. I now realize I should have called the cops immediately, however my kids were upset and I was just trying to dissolve the situation by going inside and dealing with her in court on a later day. Any input would be greatly appreciated. Thanks in advance!!

 

[Silverplum]

What is the name of your state (only U.S. law)? Oklahoma

How long after an incident can someone file assault charges?

The story goes:
Saturday June 15th around 1:00am a friend of mine left my house. On his way out he stopped by a neighbors house right around the corner whom was having a keg party to celebrate their daughter's 21st Bday . When he walked in he observed my ex-wife there with both of my kids (ages 2 and 6). Being a good friend he called and politely said that he knew it was none of his business, but that my kids were over there around a bunch of drunk people. I walked over there, knocked on the door, and asked the owner of the house to come outside. The owner came and I explained to him that I was not here to crash his party, but I just wanted to get my kids and have them come down to my house and go to sleep. The owner said no problem I completely understand and about that time my ex walks out drunk and proceeds to yell at me (she's drunk). I try to, in a calm voice, without upsetting the kids, tell her that I just want the kids to come over to my house and go to sleep, and that she can get them in the morning on her way out. She continues yelling and the kids are upset at this point. I try to walk home, she follows me and then proceeds to hit me in the back of the head telling me she hates me. She screams "I am calling my dad!!" Ten minutes later her dad comes blazing around the corner. I assume he is mad at her for calling him at what is no 2:00am in the morning. I walk down to my neighbors and as soon as her dad see's me he screamed "you want a piece of me" and then swings and hits me in the eye. I defend myself, and in the process of defending myself, my ex decides she does not like the turn of events and proceeds to start punching me in the back of the head. I then get up and walk back to my house. I receive a text about an hour later stating "is that all you got bitch?" I did not reply. The next day, Sunday the 15th, he sends me another text saying "domestic violence in the presence of a minor, wonder how much time and money that's going to cost you?" and then another "Charges have been filed, get ready for felony assault and battery charges *******." Today, June 24th, a sheriff comes to my work. I was not here, but he left a note with a case number. I called Sheriffs office and they could not tell me a whole lot, other than the guys name (Ex's father) and something about a protective order and court on the 3rd of July. What should I do hear. I now realize I should have called the cops immediately, however my kids were upset and I was just trying to dissolve the situation by going inside and dealing with her in court on a later day. Any input would be greatly appreciated. Thanks in advance!!

I am almost without speech. You squandered a huge opportunity.

I'd consult with a local family law attorney and a criminal one, as well. It's up to the DA to file charges, and this short time is not a limitation.

 

[LdiJ]

What is the name of your state (only U.S. law)? Oklahoma

How long after an incident can someone file assault charges?

The story goes:
Saturday June 15th around 1:00am a friend of mine left my house. On his way out he stopped by a neighbors house right around the corner whom was having a keg party to celebrate their daughter's 21st Bday . When he walked in he observed my ex-wife there with both of my kids (ages 2 and 6). Being a good friend he called and politely said that he knew it was none of his business, but that my kids were over there around a bunch of drunk people. I walked over there, knocked on the door, and asked the owner of the house to come outside. The owner came and I explained to him that I was not here to crash his party, but I just wanted to get my kids and have them come down to my house and go to sleep. The owner said no problem I completely understand and about that time my ex walks out drunk and proceeds to yell at me (she's drunk). I try to, in a calm voice, without upsetting the kids, tell her that I just want the kids to come over to my house and go to sleep, and that she can get them in the morning on her way out. She continues yelling and the kids are upset at this point. I try to walk home, she follows me and then proceeds to hit me in the back of the head telling me she hates me. She screams "I am calling my dad!!" Ten minutes later her dad comes blazing around the corner. I assume he is mad at her for calling him at what is no 2:00am in the morning. I walk down to my neighbors and as soon as her dad see's me he screamed "you want a piece of me" and then swings and hits me in the eye. I defend myself, and in the process of defending myself, my ex decides she does not like the turn of events and proceeds to start punching me in the back of the head. I then get up and walk back to my house. I receive a text about an hour later stating "is that all you got bitch?" I did not reply. The next day, Sunday the 15th, he sends me another text saying "domestic violence in the presence of a minor, wonder how much time and money that's going to cost you?" and then another "Charges have been filed, get ready for felony assault and battery charges *******." Today, June 24th, a sheriff comes to my work. I was not here, but he left a note with a case number. I called Sheriffs office and they could not tell me a whole lot, other than the guys name (Ex's father) and something about a protective order and court on the 3rd of July. What should I do hear. I now realize I should have called the cops immediately, however my kids were upset and I was just trying to dissolve the situation by going inside and dealing with her in court on a later day. Any input would be greatly appreciated. Thanks in advance!!

I agree with Silver...but I think that your friend didn't do you any favors, and that you probably should have not gone to the house at all. I understand that you didn't want your children around a bunch of drunk people at 1:00 AM but your children were not necessarily in any danger. Trying to just come and take them like that was probably a very bad idea.

 

[Matthew Strawn]

I agree with Silver...but I think that your friend didn't do you any favors, and that you probably should have not gone to the house at all. I understand that you didn't want your children around a bunch of drunk people at 1:00 AM but your children were not necessarily in any danger. Trying to just come and take them like that was probably a very bad idea.

I didn't come and forcefully try to take them. I had talked to their mother earlier in the evening and told them that if she was going to stay over there to just let the kids stay at my house. She told me she was not going to drink and was only staying a couple hours. Her dad showed up and started the fight. I did not want to fight. Also, at what point and what line is "danger" considered? A swimming pool in their backyard and my daughter running around with no life vest or floaties? People smoking and accidentally burning one of them. Someone backing out of a driveway and running one of them over, or how about someone just not paying attention and one of them running off. I was assaulted by both of them, and yet I am the bad guy for trying to be a good parent. I should have definitely called the police, I see that now, but is there anything I can do at this point? Can I still press charges?

 

[Ladyback1]

I didn't come and forcefully try to take them. I had talked to their mother earlier in the evening and told them that if she was going to stay over there to just let the kids stay at my house. She told me she was not going to drink and was only staying a couple hours. Her dad showed up and started the fight. I did not want to fight. Also, at what point and what line is "danger" considered? A swimming pool in their backyard and my daughter running around with no life vest or floaties? People smoking and accidentally burning one of them. Someone backing out of a driveway and running one of them over, or how about someone just not paying attention and one of them running off. I was assaulted by both of them, and yet I am the bad guy for trying to be a good parent. I should have definitely called the police, I see that now, but is there anything I can do at this point? Can I still press charges?

No hun...you started the fight. Seriously. You were way out of line to swoop in and offer to take the kids when she had already said "NO". If anything, you should have called the cops and asked them to do a welfare check on the kids at the party

Now, whether I think the kids should have been at the party is irrelevant.

But, for the love of all that is holy---don't talk to the cops anymore without an attorney present. Please?
Don't admit anything. Don't explain your side of the story. Don't so much as say "Hello" if/when a cop shows up at your door. Have an attorney on stand-by, call the attorney and don't answer any questions until said attorney is present and gives you the ok to answer a question

And your "friend"? I'm sure he was trying to help. However, he should probably mind his own business. Or better yet, if he was concerned about the kids--he could have called the cops!

 

[LdiJ]

I didn't come and forcefully try to take them. I had talked to their mother earlier in the evening and told them that if she was going to stay over there to just let the kids stay at my house. She told me she was not going to drink and was only staying a couple hours. Her dad showed up and started the fight. I did not want to fight. Also, at what point and what line is "danger" considered? A swimming pool in their backyard and my daughter running around with no life vest or floaties? People smoking and accidentally burning one of them. Someone backing out of a driveway and running one of them over, or how about someone just not paying attention and one of them running off. I was assaulted by both of them, and yet I am the bad guy for trying to be a good parent. I should have definitely called the police, I see that now, but is there anything I can do at this point? Can I still press charges?

No offense intended dad but yeah, you really kind of did try to forcefully take them...in a passive/aggressive kind of manner. You didn't call mom, you went to the house and asked for the owner of the house instead of mom. You explained to the owner of the house what you wanted and convinced him to be ok with it instead of asking for mom.

You also had every opportunity to be 100% GONE before grandpa ever got there. You also had every opportunity to call the police after mom assaulted you, and certainly every opportunity to call the police after grandpa assaulted you.

You can call the police now, but unless you have well documented injuries all you are going to do is convince a judge that you are making retaliatory accusations.

And no, children are not required to wear life vests or floaties just because there is a pool on the premises. No, one cannot assume that there is danger to children because they are at a party.

I actually sympathize with you to a great extent, but I think that you handled the matter so poorly that all you did was cause yourself significant problems.

 

[TigerD]

No hun...you started the fight. Seriously.

What?!

Talking to someone is not starting a fight. If we take the OP at his word - and I see no reason not to yet - the ex physically attacked him.

I try to walk home, she follows me and then proceeds to hit me in the back of the head telling me she hates me.

Regardless of what you think about his attempt to extract the kids from the situation, he was walking away when she attacked him.

OP: At this point you need to talk to a lawyer. You should have filed a complaint with the police then.

DC