What if**************. ?

[mukiman]

California: My close friend is going through a pretty messy divorce. He basically caught his wife cheating. When he confronted her (in a rage) she became enraged as well and between the two of them they put some holes in their walls and one of them even pulled a hanging light fixture down.
The wife is now threatening to say he hit her during this scene. He says he did not hit her (and never has had any violent acts towards her during hteir 18yr. marriage ) but she is doing it to gain sole custody of their 3 kids (15,13, and 7). How does the court handle such a claim, when there has been no history of violenece, just one persons word against the other? By the way, SHE is the one on anti depressant meds, and the one who has been acting irrationally. She is having an affair with a dad she met while involved in boy scouts with her son, who happens to be married with kids himself and a city cop!!
You'd think a police officer would held to a higher moral standard.
Any thoughts ?? Does he have any chance of losing his kids over these false allegations?
Thanks Muli

 

[LdiJ]

California: My close friend is going through a pretty messy divorce. He basically caught his wife cheating. When he confronted her (in a rage) she became enraged as well and between the two of them they put some holes in their walls and one of them even pulled a hanging light fixture down.
The wife is now threatening to say he hit her during this scene. He says he did not hit her (and never has had any violent acts towards her during hteir 18yr. marriage ) but she is doing it to gain sole custody of their 3 kids (15,13, and 7). How does the court handle such a claim, when there has been no history of violenece, just one persons word against the other? By the way, SHE is the one on anti depressant meds, and the one who has been acting irrationally. She is having an affair with a dad she met while involved in boy scouts with her son, who happens to be married with kids himself and a city cop!!
You'd think a police officer would held to a higher moral standard.
Any thoughts ?? Does he have any chance of losing his kids over these false allegations?
Thanks Muli

If they had a fight bad enough to put holes in the walls and to take down a lighting fixture, then it could be a really hard sell to a judge that somebody didn't lay hands on the other person. I think he probably needs to consult an attorney.

 

[AmarieNorton]

Did either one file a police report?

 

[CdwJava]

He needs an attorney.

She can allege anything. The court will take it for what it's worth. These kinds of allegations are right up there with child abuse allegations when dealing with child custody issues. The judges have heard it all before.

But, a rule of thumb is that he (or she) who arrives without an attorney shall lose.

- Carl

 

[mukiman]

Did either one file a police report?

NO... But the wife did call her "boyfriend" (the one she is having the affair with) after the incident to cry on his shoulder. The boyfriend IS a cop, but in a neighboring city. I would think because of his role in this situation it would be conflict of interest if he took a report. If the wife truly felt victimized she could have called the local police dept.Their kids have all openly stated that their dad never touched their mom in a violent way, as a matter of fact they said it is their mom that has the violent temper and throws and destroys things.
Does this prove anything?I would think the judge would speak to the older kids? (13&15)
I would assume many people male and female try to play the "domestic abuse" card during divorces.

Thanks, Muki

 

[CdwJava]

The boyfriend IS a cop, but in a neighboring city. I would think because of his role in this situation it would be conflict of interest if he took a report.

Since it is not in his primary jurisdiction he could not take a report anyway.

If the wife truly felt victimized she could have called the local police dept.

Maybe. But such is not always the case with Domestic Violence.

Their kids have all openly stated that their dad never touched their mom in a violent way

Interesting ... so ... he has touched her in a non-violent way? What this type of statement usually means is, "Well, he hasn't punched her ... but he has grabbed her and pushed her around a bit."

Does this prove anything?I would think the judge would speak to the older kids? (13&15)

He might. However, he may also opt to keep the kids out of the matter so they don't have to be seen as taking sides.

I would assume many people male and female try to play the "domestic abuse" card during divorces.

That and the "sexual abuse" of the child card.


- Carl