Best way to handle domestic assault charge? (Virginia)

[Ohiogal]

I don't know what kind of weird mormon background you come from but yes, the actual incident that took place was extremely minor compared to any other domestic assault situation I can imagine. There was no violence, no abuse, only an argument and an extremely minor collision when she got in my way, after which I immediately backed up as you say. Literally as minor as something like that can be. The only over the top part of it was obviously her calling the cops.

A minor collision is considered assault when you didn't have her permission to touch her. You are now facing DV charges.

 

[Just Blue]

I don't know what kind of weird mormon background you come from but yes, the actual incident that took place was extremely minor compared to any other domestic assault situation I can imagine. There was no violence, no abuse, only an argument and an extremely minor collision when she got in my way, after which I immediately backed up as you say. Literally as minor as something like that can be. The only over the top part of it was obviously her calling the cops.

Wow. What a amazingly offensive thing to post. You insult an entire religious group, and also imply I must come from a weird background, because I can recognize, based just on your postings here, that you and the mother need some help. Wow.

Well good luck to you and get an attorney...if you speak for yourself in court you will end up in jail.

 

[piccolo]

Then she lied the first time around when she called them which is a crime as well -- filing a false police report.

That sucks it's a rock and hard place then.

Yes you and mom are using your child -- hence why you and she behaved the way you did. It is not nonsense. I am an attorney who defends parents against CPS. Guess what? CPS can remove your child for the child being in the middle of a DV incident -- it is considered abuse of the child.

Ugh valid point. You've got me pretty terrified now

Have you established paternity? And don't say you signed the birth certificate because that is NOT a thing that happens. It would be an AOP. But unless you have established paternity and have court orders, MOM is the ONLY legal custodian of the child.

I honestly am not even aware of what establishing paternity would entail so I guess that answers that. I did sign the birth certificate but that is all yeah.

 

[piccolo]

A minor collision is considered assault when you didn't have her permission to touch her. You are now facing DV charges.

Surely people can accidentally collide without it being assault? Again I was reaching for the baby and not her.

 

[piccolo]

Wow. What a amazingly offensive thing to post. You insult an entire religious group, and also imply I must come from a weird background, because I can recognize, based just on your postings here, that you and the mother need some help. Wow.

Well good luck to you and get an attorney...if you speak for yourself in court you will end up in jail.

With all due respect, you are very clearly not a normal individual and I have no choice but to disregard your unsolicited opinions about our parenting. Probably an uptight soccer mom that's never littered before.

 

[Eekamouse]

Why don't you have your girlfriend who lied to the cops and had you arrested now tell the cops that she lied? She should be the one facing charges, not you, right? That will solve all your problems and get you off the hook. Of course, your girlfriend's problems will just be beginning....

 

[Ohiogal]

That sucks it's a rock and hard place then.



Ugh valid point. You've got me pretty terrified now





I honestly am not even aware of what establishing paternity would entail so I guess that answers that. I did sign the birth certificate but that is all yeah.

No. You did not sign the birth certificate. You may have signed the AOP (Affidavit of Paternity) with your girlfriend. But you have no enforceable legal rights to the child without a court order since you and mom were not married.

 

[Ohiogal]

Surely people can accidentally collide without it being assault? Again I was reaching for the baby and not her.

Doesn't matter. Mom is the only parent of this child with enforceable rights. You tried to force your way past her. She didn't want you to do that. You touched her. That is assault. Hence when she called the police why you were arrested.

 

[Ohiogal]

With all due respect, you are very clearly not a normal individual and I have no choice but to disregard your unsolicited opinions about our parenting. Probably an uptight soccer mom that's never littered before.

You are out of line. Blue did not say anything that was wrong. If CPS steps in (which they can due to abuse/endangerment of the child for being there when a DV incident took place), you would be forced to take parenting classes. You and mom don't seem to understand the seriousness of this incident and what it can do to your family and lives.

 

[piccolo]

Why don't you have your girlfriend who lied to the cops and had you arrested now tell the cops that she lied? She should be the one facing charges, not you, right? That will solve all your problems and get you off the hook. Of course, your girlfriend's problems will just be beginning....

I'd prefer neither of us wind up with any records because of this, if possible.

 

[piccolo]

You are out of line. Blue did not say anything that was wrong. If CPS steps in (which they can due to abuse/endangerment of the child for being there when a DV incident took place), you would be forced to take parenting classes. You and mom don't seem to understand the seriousness of this incident and what it can do to your family and lives.

Um she pretty much harped on about parenting from a moral point of view in almost every post with nearly zero regard to legalities which is all I care to discuss here. I didn't ask to be judged by some weird soccer mom.

 

[Zigner]

Question: Please show me in my first post where I said I tried to grab my baby from her arms?
Answer: I neglected to mention she placed her on the bed first before I reached for her, that's all.

 

[piccolo]

Question: Please show me in my first post where I said I tried to grab my baby from her arms?
Answer: I neglected to mention she placed her on the bed first before I reached for her, that's all.

Quite faulty logic there. Me neglecting a detail doesn't mean I said whatever you want to assume.

 

[Ohiogal]

I'd prefer neither of us wind up with any records because of this, if possible.

Well one of you most likely will end up with a record.

 

[adjusterjack]

I'm guessing that the argument with your girlfriend progressed along the same lines as your arguments with us. Deny and attack. Deny and attack. Deny and attack. Until it escalated into a violent move.

I hope you don't attack your lawyer, the way you are attacking us, when he points out the realities of your situation, which you don't seem to want to accept from us.

Are you even capable of backing off and not insisting on having the last word?

If you reply, I'll know I'm right.