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Need some adv1ce

Asked Sep 2, 2009, 08:29 PM — 19 Answers
Sorry for the seemingly typo in the subject, it was intentionall because it wouldn't let me say 'i need some advice' lol.

Im a little confused by the police officers I've been dealing with.

My hsuband and I are getting a divorce. We were having trouble before, but yesterday he punched me in the jaw. So its set in stone now that we are done and over.

When he punched me in the jaw, I went to my moms house and called the cops and filed an order. I had to be at the residance it occurred at (something about my moms house being in another city, and they cops had to come to me at the city we lived at) and when they got there, issac was there too. They didn't arrest my husband or anything. I thought they were supposed to. All they did was make him go away to a friends house. 'to let him cool down' they gave him the option to leave, or take him to an over night cell at the station.

Aparently, because I yelled at him, it wasn't a case of abuse, or battery, it was a case of domestic disturbance.


Can I get some insight on the law a bit here? I'm a little confused about why he wasn't arrested for hitting me. (the same thing also happened to a friend of mine a couple years ago, her husband wasn't arrested for beating her up either, they just took him to jail over night for a 'cool down' period. )

19 Answers
Alty's Avatar
Alty Posts: 22,697, Reputation: 26670
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#11

Sep 3, 2009, 10:33 AM
Jennie, I do hope you come back and talk to us about this.

This has been on my mind all day. I have to say, it's upset me.

Please come back and tell us exactly what's going on.
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J_9's Avatar
J_9 Posts: 37,072, Reputation: 25680
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#12

Sep 3, 2009, 03:11 PM


Quote:
Originally Posted by Altenweg View Post
Jennie, I do hope you come back and talk to us about this.

This has been on my mind all day. I have to say, it's upset me.

Please come back and tell us exactly what's going on.
Don't let it upset you Alty. You've had enough upset in your life lately. I don't take this site literally anymore, aside from a few very special people. I've been burned too many times.
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Alty's Avatar
Alty Posts: 22,697, Reputation: 26670
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#13

Sep 3, 2009, 07:48 PM
Quote:
Originally Posted by J_9 View Post
Don't let it upset you Alty. You've had enough upset in your life lately. I don't take this site literally anymore, aside from a few very special people. I've been burned too many times.
I guess I trust too easily. That' s a bit of a surprise to me, I should know better by now.

This just bothers me because there are so many women beaten every day. They're actually going through this and I really don't think Jennie is.

One thing I know, if you're abused, you don't forget it. You remember every single detail, for the rest of your life. I could tell you everything about every incident I've ever had. That's why I think we're being lied to, because Jennie's story is all over the place.

If she's telling the truth then she needs to tell us everything, be honest, stop with the LOL's and hehe's and back and forth and flip flopping. She needs to come clean.

Until then, I'm going to assume that she's not responding because she's been caught and doesn't want to admit it.

Jennie, really, we just want the truth. If you really were assaulted then we are here to help, but surely you can see why we're having a hard time believing this.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,479, Reputation: 23573
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#14

Sep 4, 2009, 08:00 AM
I believe Jennie has posted before that she is bipolar - and I'm also going to hope that this entire episode, the conflicting posts, perhaps the events leading to the posts, have been part of that illness. Perhaps she is not taking her medication.

At any rate, Jennie, people here care about you.

What's going on?

Most importantly - are you okay?
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#15

Sep 4, 2009, 08:16 AM
My suggestion would be to go to the police station, in the locality where the assault occurred, and sign an actual complaint against your husband charging him with assault. Do it ASAP while the details are still fairly fresh in your mind. It may not result in his immediate arrest but it will at least be an opportunity to get him convicted and sentenced. I can't predict what the actual sentence would be in your situation. But evidently the police in your area aren't going to take aggressive action based on an ordinary complaint.
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this8384's Avatar
this8384 Posts: 4,592, Reputation: 2572
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#16

Sep 4, 2009, 08:24 AM
Quote:
Originally Posted by s_cianci View Post
My suggestion would be to go to the police station, in the locality where the assault occurred, and sign an actual complaint against your husband charging him with assault. Do it ASAP while the details are still fairly fresh in your mind. It may not result in his immediate arrest but it will at least be an opportunity to get him convicted and sentenced. I can't predict what the actual sentence would be in your situation. But evidently the police in your area aren't going to take aggressive action based on an ordinary complaint.
Not to start anything, but did you even bother reading the posts that followed the original one?

I personally haven't been abused but I know someone who called the police when her partner was getting violent. I've seen the police reports. This story doesn't add up.
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#17

Sep 4, 2009, 08:28 AM
After reading the other posts, I have to add that, in addition to the importance of your being consistent so that you can receive viable answers on this forum, understand that if you do end up taking any sort of legal action you'd better be consistent in your stories with the police, the judge and, if applicable, your attorney(s) ; otherwise you'll make a mockery of the system and the system will make a mockery of you. No cop, judge or lawyer will take you seriously if your story is riddled with holes and inconsistencies. Especially after Issac starts throwing in his two cents.
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#18

Sep 4, 2009, 08:38 AM
Quote:
Originally Posted by this8384 View Post
Not to start anything, but did you even bother reading the posts that followed the original one?

I personally haven't been abused but I know someone who called the police when her partner was getting violent. I've seen the police reports. This story doesn't add up.
I did read the other posts, after the fact. I've sort of been following jennie's story all along, which seemed to climax with her husband assaulting her and she declaring that she was going to get a divorce. I became a little lost once the police seemed to take what appears to be such a nonchalant attitude towards a domestic violence situation which, in my experience, usually results in the perpetrator immediately getting the cuffs slapped on him and hauled off to the local jail. Granted, I didn't pay too much attention to the little details like "I went to my Mom's house" ...., then "I went back home"...., etc. But the holes in her story could explain why the police haven't taken her seriously. But my initial answer still stands in that, if he did in fact assault her, then she needs to press charges by signing a formal complaint with the police in her locality, since evidently charges haven't already been pressed.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,479, Reputation: 23573
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#19

Sep 4, 2009, 12:36 PM
Quote:
Originally Posted by s_cianci View Post
My suggestion would be to go to the police station, in the locality where the assault occurred, and sign an actual complaint against your husband charging him with assault. Do it ASAP while the details are still fairly fresh in your mind. It may not result in his immediate arrest but it will at least be an opportunity to get him convicted and sentenced. I can't predict what the actual sentence would be in your situation. But evidently the police in your area aren't going to take aggressive action based on an ordinary complaint.


Do you read the other answers or just the original post and nothing that follows? Either that or you have trouble following the threads.

EDIT: I just saw your response. You did read what followed. It's difficulty understanding the situation that's the problem.

I'm sure Jennie hasn't gone to the Police and pressed for an arrest for a reason. In my area if the Police do nothing at the time they are also going to nothing X days/hours later.

And, yes, in my area if there is a "domestic incident" reported, whether there is visible injury or not, someone is going to be arrested.
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Justwantfair's Avatar
Justwantfair Posts: 3,422, Reputation: 4771
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#20

Sep 4, 2009, 12:54 PM
I have been arrested and jailed for domestic battery.
My daughter was three months old, I was breast-feeding. My ex-husband was drunk and in an out of character foul mood. After hiding out with my daughter in my room for nearly an hour and a half, I risked going out into the kitchen. I don't remember how the altercation began but I remember he cornered me in the corner of the kitchen back against the counters. As he continued to yell/spit in my face about how fat & ugly I was since having our daughter I ended up pushing him to get out of the corner and go back into hiding in our room.

After I pushed him, he turned around and punched me in the stomach. I lost my breath, was curled up into a ball. He turned around and went back to the T.V. I got our daughter and left, drove to my parents about 15 minutes away, but didn't have the nerve to go in and tell them what happened. I decided to go home and just hide the rest of the night, as it was now pretty late.

The cops showed up after I returned home. I was arrested for being the abuser, thankfully it was a Sunday evening but you aren't allowed a bond for domestic battery, so you are jailed. Since it was a weekend my case wasn't called until 4 p.m. That Monday, where I was released of my own recognizance, but wasn't released until 7:30 p.m. That night. (That's how long paperwork takes, apparently). It was mortifying.

They don't question domestic disputes anymore since there have been so many murders within the 24 hour separation period. They are very willing to throw an abuser in jail. I don't think that it's very likely that in this day and age, they would walk away from someone who had punched another. Usually if the altercation is physical by both, they will take both parties. The only reason that we both weren't arrested was a three month old baby and they had to arrest one, I was the mark for making the first contact.
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