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majrivebroos · Dec 6, 2011, 02:11 PM

I am in the middle of a divorce and custody battle.I was serving my country with th US Army an my spouse was the primary caregiver at home.The day I returned my house was a mess and when I confronted her she got violent and hit me.I called 911 and my spouse was arrested for domestic violence and the police officer who came to the house called CPS based on the conditions of the house.Several months later she was trying to get my out of the house and since I refused she told the cops that I lay my hands on her and I was forced to leave my house but never gets arrested.She dropped the charges 4 days after.Can I use that to show the court that she is willing to lie in order to obtain what she wants?Woukld that helps me in my case?

JudyKayTee · Dec 6, 2011, 02:14 PM

It won't hurt your case. In my State - NY - you call in spousal abuse and someone gets arrested.

Who sued for the divorce? You? Her?

If you can PROVE that the conditions in the house were bad enough that CPS was called and you were away from the home, that is also evidence.

What happened when she was trying to get out of the house but you refused? Did you put your hands on her? What did you do to "refuse" to allow her to leave?

majrivebroos · Dec 6, 2011, 02:21 PM

Fist of all thanks for the quick response.I sued for divorce.I have a copy of the police report with the comments of the investigating agent where it said that I was away from home and that the agent made the call based on the conditions of the house.I never put my hands on her neither refused her to leave,but did not allowed her to take my kids out of state since we are legally married and there are no reason for her to take my kids.Other than that I told her that she can leave any time she wants and I won't stop her and that I can take care of my kids.