• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Charged With Disorderly Conduct because of an Argument???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kidd_freeper

Junior Member
What is the name of your state?What is the name of your state? Connecticut

I was charged with disorderly conduct on April 13, 2005.

At 8:15 pm on April 13, I drove to my ex-wife's house to have her sign IRS Form 8332, "Release of Claim to Exemption for Child of Divorced or Separated Parent". She has signed this form each and every year for the past 10 years, as she is required to do by the terms of our divorce agreement.

Side Note: It is quite routine for the both of us to conduct minor child-related business at each other's doorstep; its done every week. I had called eariler to see if she was home - my son answered the phone and said that she was.

I rang the bell and was cordial. I never entered her home. I presented her with the form to sign and a copy for her records. She immediately began yelling. She refused to sign the form because she claimed I owed her $105. This discussion at this point took place through her screen door, but the inner door was open the entire time.

Side Note: As part of our divorce agreement, we are to exchange receipts and settle the difference. We are not to withhold settlement unreasonably. She had presented me with a worksheet on March 15 with her version of what she was owed. I have not had time to review the worksheet thoroughly because my present wife's mother had a heart attack on March 11 - and eventually died on April 5. My wife had to travel to spend time with her mother and I had to watch our 5 kids while she was gone (laundry, groceries, etc). I did not have the time to review the worksheet completely - but I did hve a couple of items that she did not include on the list which would have meant that she would end up owing me about $5.

Back to April 13: When she refused to sign the form, I told her that if she refused I would sue her for any and all leagal costs, and loss of the exemption. I reminded her that she was obligated by the terms of the divorce agreement to sign the form.

She then came outside onto the steps and began screaming into my face. I at no time, made physical contact with her. She yelled that I was obligated under the terms of the agreement to pay up in a timely manner. I informed her that I believed that she would end up owing me money. She sceamed louder - she wanted to know why. I explained a few items. She claimed that one of them was on the list. She re-entered the house and retrieved her worksheet. She then came back outside and shoved the worksheet in my face, holding the paper in her hands by opposite edges. I reacted by rapidly pushing the paper out of my face, which partially tore the paper. I then told her that I did not have time to review the worksheet because my mother-in-law had died. She then yelled that she didn't care about my personal problems.

It was at this point that I became angry. I cussed a lot, called her a lot of names. She did likewise. She re-enter the house again. In fustration, I tried to slam the door behind her, but it was not possible because the door had a hydraulic door closer. She claimed in the police report that I slammed the door.

She then went to put her worksheet away. Upon returning, she discovered that her finger was bleeding. In the police report she claimed that I slammed her finger in the door. She later clarified that report stating that she didn't know why her finger was bleeding. (I suspect it was because she scratched it coming in and out of the house so violently). Nevertheless, when she returned she started claiming that I had assaulted her. I laughed. The arguing continued. The whole incident lasted no more than 10 minutes - I was home by 8:30 pm.

She eventualy signed the form. I left her doorstop without any further discussion after I had the form.

She later called the police. I was asked to come down to the police station and give a statement at 10 pm. I appeared in court the next day at 10 am - and I was given a 2 week continuance so that I could speak to council.

Key Points:
1. I believe that I had implicit approval to set foot on her property. I never entered her house.

2. My intent was to have her sign a form, not to cause a disturbance.

3. She initiated the disturbance.

4. She left her house to have the argument.

5. I only became angry after she showed great insensitivity about my mother in law. I had just come back from the funeral on Sunday and my wife had just came back on that same day (April 13).

6. She never asked me to leave. She never closed the inner door to the house. She never threatened to call the police.

7. I never made contact with her. There was no violence.

8. The entire incident lasted 10 minutes.

9. I have a clean record. This is an isolated incident.

Advice needed: I don't want this on my record. I would like to relocate and this will make finding a job in the new location difficult.

I also believe that she is using the courts for her personnal vandetta. I would like to protect myself.

Any thoughts would be appreciated - even a critique of my account of the events would be appreciated.

I really would like some honest discussion - this is really eating me up and I don't know who to talk to.
 


BelizeBreeze

Senior Member
The entire post can be reduced to the following:

1. the two of you argued.

2. she file a police report.

3. you did not.

4. you are being charged with a misdemeanor disorderly conduct.

5. you can either defend yourself or hire an attorney.

anything else is a matter of fact for the judge to determine.
 

kidd_freeper

Junior Member
To:BelizeBreeze

Thanks for the reply.

I lack proper perspective on this, so I appreciate your reponse.

I was asked to come to the police station and provide a statement, but I never saw the police report that she submitted, nor was I asked to sign anything other than the summons to appear in court.

I was never informed of my rights either.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top