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View Full Version : Charged with aggravated battery that I did not commit


BlueMoodsNJustin
Aug 27, 2010, 01:22 PM
I am 54 years old, I live in Volusia County Florida and my 21 year old son lives with me. We have had a volatile relationship for years and as he has grown from child to teenager to young adult he has become increasingly verbally abusive, bullying and intimidating. But other than mentally and emotionally I have never feared for my safety until recently.

The other night we were engaged in a verbal altercation, which unfortunately we had both had a bit too much to drink; otherwise I would have left and gone to my boyfriend's apartment which is where I spend 99% of my time now in order to avoid drama and conflict as much as possible. However, the alcohol made me bold and I refused to back down when he told me in very ugly words that I needed to leave... MY apartment! I pay the rent and all the bills and he pays only his cell phone bill. I saw red, refused to leave and the altercation escalated. He pushed me into a wall twice, shoved me into the living room sofa, knocked my glasses off my face sending them flying across the room and during all this he was also breaking and throwing many household objects and appliances. When he knocked my glasses off I called the police for help. He told the police that he only pushed me once, in self defense because I was threatening him with a butcher knife... which is completely untrue. I was arrested and charged with aggravated battery dv, a felony.

Until that night I had a spotless record, not even a jaywalking ticket! My son on the other hand was on juvenile probation from age 14 - 19 stemming from domestic battery towards me followed by numerous violations of probation. He spent a great deal of time in juvenile facilities because of the repeated violations.

He also has a history of slight violence (unreported) from age 8 through 14, including throwing gravel and rocks at me, trying to push me off a sidewalk into oncoming traffic, putting his hands around my throat to choke me (he stopped when our ride pulled up and became all smiles and congenial), slamming a door on my bare foot resulting in bruising and swelling, and other incidents.

Unless you consider spanking to be a violent act I have never threatened or assaulted my son physically in any way.

My question is can his juvenile record and child hood history and patterns of violence be brought up in court to dispute his claim?

I did sustain bruises, "goose eggs" other minor aches and pains, and bruised and/or fractured ribs that night. With my pending charges in which I am the alleged batterer and he is the victim, would it be possible to file for an injunction against him? Knowing now that he his quite capable of physical violence I no longer feel safe in my own apartment and avoid being there as much as possible unless he is out.

JudyKayTee
Aug 27, 2010, 01:24 PM
Why is he still living with you?

You need an Attorney who should request a psych exam of your son. The Court will probably also request that you be likewise examined. It will be your word against his word. Very possibly his juvenile record is sealed - do you know?

I don't think there's a quick answer here.

BlueMoodsNJustin
Aug 27, 2010, 03:18 PM
I will be meeting with my attorney (public defender) on the day of my arraignment. I was told that would be the first time I find out who has been assigned my case and have the opportunity to talk to him/her. However I am going to call on Monday and see if there is anyway I can talk to 'whomever" prior to that date as it is over 3 weeks away and I would like toknow what I can do to help in my own defense.

As for the juvenile records being sealed I don't know for certain. My understanding is that they are closed to the vast majority but that certain people or agencies can access them, i.e. if he were trying to go into the military they would be able to view his juvenile records in the background check. Whether an attorney would have access to them, or whether they would even be admissible in court I have no idea.