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    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #1

    May 21, 2013, 04:11 PM
    Do I have a lawsuit
    Yesterday my girlfriend was taken to jail and kids were taken because we were help a friend with somewhere to stay away from the controlling home environment she lived in. My girlfriend left to take me to work yesterday morning and the friend baby sat the kids until she got back. Well her mother showed up before my girl made it home and snatched her daughter from the house closed the door and called the police to tell them that 2 toddlers were home alone then left. When my girl pulled up the police officer was here and he called dhs for kids and took her to jail. Neighbors who tried to tell the officer {name removed} what really happened were told to get out of the yard u have nothing to do with this. Now she is in jail with 25000 dollar bond. I had to pay 1000 to bond her out and I'm paying on the other 1500They would not listen neighbors at all because the girls mother left my kids here alone they were taken and my girl in jail. Neighbors a willing to provide witness statements to everything. I also have text messages from the girl stating her guilt and from her family patronizing us about our kids
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 21, 2013, 04:17 PM
    What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your girlfriend gone? What has she been charged with, and does she have a lawyer or PD?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 21, 2013, 06:38 PM
    Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

    Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

    I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

    One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. And can get you in big trouble.

    Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 21, 2013, 06:47 PM
    Quote Originally Posted by joypulv View Post
    ... and does she have a lawyer or PD?
    A PD is a lawyer.

    Quote Originally Posted by ScottGem View Post
    Ok, let me get this straight. ...
    Good job de-cyphering that Scott. I read it several times and wasn't sure what OP was saying. After reading your post, it all fell into place.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #5

    May 21, 2013, 08:51 PM
    She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #6

    May 21, 2013, 08:56 PM
    Quote Originally Posted by joypulv View Post
    What state, and how old is the girl taken by her mother? Why didn't she call either one of you, or even the police, to say what was happening? How long was your gf gone? What has she been charged with, and does she have a lawyer or PD?
    Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty because she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
    And she is being charged with child neglect and. Hold endangerment
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #7

    May 21, 2013, 09:01 PM
    Quote Originally Posted by ScottGem View Post
    Ok, let me get this straight. You allowed a friend to stay at your home (how old is this friend?). This friend's mother came to your home and took your friend (her daughter) away leaving two toddlers alone. The woman then called DHS to report that the children were left alone. Do I have it correct?

    Who do you think you have a lawsuit against? Not the police officer. The police officer investigated a complaint found two toddlers home alone and acted properly. It didn't matter what the neighbors said. That is not up to him to judge. That's up to a court.

    I'm not sure if have a lawsuit against your friend's mother, but you would have a better chance against her. What I think you should do is swear out a warrant against her for child endangerment. If I understand you, you have the testimony of your friend that she was watching the children and the corroborating testimony of the neighbors that the woman took your friend away leaving the children alone. If you can get a conviction on that, you can then file suit against the woman.

    One of the kickers here is the age of your friend. If she is a minor, then your allowing her to stay with you was illegal. and can get you in big trouble.

    Another thing I don't understand is the $25K bond. That is awfully high for someone with no record for this type of crime and especially with this situation.
    She is 18.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #8

    May 21, 2013, 09:06 PM
    Quote Originally Posted by mike3489 View Post
    Mississippi and she is 18. My girl doesn't have a phone and her mother just wanted to be dirty bc she thinks we where wrong for assisting her with a place to stay after she left home. She was gone for 2 hours
    And she is being charged with child neglect and. Hold endangerment
    and she wasn't working either so this friend had phone. It was off. Her sister disconnected it when she left her home
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    May 22, 2013, 02:40 AM
    Quote Originally Posted by mike3489 View Post
    She is 18 and my girlfriend asked our daughter were you here alone. She said no she left ma. Anastasci left. The officer disregarded that
    You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

    I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

    Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #10

    May 22, 2013, 03:02 AM
    Quote Originally Posted by ScottGem View Post
    You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

    I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

    Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.
    I have testimony in text messages which I've already gotten printed out
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #11

    May 22, 2013, 03:08 AM
    Quote Originally Posted by ScottGem View Post
    You have to try to be clearer in your posts. It is hard to help you if we don't understand what you are saying.

    I get the friend was 18, so she is an adult and can make her own decision about where to live. Are you saying that your girlfriend asked her if she was alone before allowing her to stay with you? Who is Anastasci, the friend? And again, the officer only had to see that two toddlers were in the house alone and his actions were proper.

    Before you swear out a warrant against the mother you need to make sure you have testimony that she was the one who left the children alone. That your girlfriend had left them with a babysitter.
    No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    May 22, 2013, 03:24 AM
    Quote Originally Posted by mike3489 View Post
    No she ask our daughter was she home alone. She said no anastasci left. Anastasci is the friend
    Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

    Who asked your daughter? Your daughter said Anastasci left? To whom?

    As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

    I'm still wondering why the high bail.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #13

    May 22, 2013, 04:16 AM
    An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    May 22, 2013, 04:35 AM
    Joy has a point. It was Anastasci's responsibility to care for the children. She accepted that responsibility. Therefore, she is the one responsible for endangering the children by leaving them alone. A lot may depend on the level of force used by her mother. On the other hand, the mother's calling the police to report unattended children when she was behind causing them to be unattended, could open her for some level of liability along with Anastasci.

    But, I'm not seeing much of a lawsuit here.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #15

    May 22, 2013, 04:55 AM
    Quote Originally Posted by ScottGem View Post
    Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

    Who asked your daughter? Your daughter said Anastasci left? To whom?

    As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

    I'm still wondering why the high bail.
    anastsci the friend won't sign because she doesn't want to be liable for this. We don't even know where she is. Her family has convinced her to not cooperate with us. I have 4 pages of text messages detailing her action though. She even states her name in the text messages. And I just want file a claim for the 2500 it cost to get my girl out and possibly emotional distress for getting my girl arrested and our kids taken by dhs
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #16

    May 22, 2013, 04:57 AM
    Quote Originally Posted by ScottGem View Post
    Remember we don't know the situation. You have to talk as if you are telling this to someone outside the situation (which you are). And try to use proper punctuation.

    Who asked your daughter? Your daughter said Anastasci left? To whom?

    As for the texts, print them out and get the senders to sign them. Then go to your local police or prosecutor about the situation.

    I'm still wondering why the high bail.
    My girlfriend asked my daughter and she stated the answer to the officer.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #17

    May 22, 2013, 05:02 AM
    Quote Originally Posted by joypulv View Post
    An 18 year old is an adult. A parent can't just 'take' her 18 year old daughter away. I don't see a lawsuit against the mother unless she forced her at gunpoint. The daughter was supposed to stay with the children. The parent is ultimately responsible for the actions of the babysitter.
    I understand what you're saying that's what she did. She is afraid of them. I ha e her cell phone with threatening texts from her( anastasci) sister saying how she was going to whoop her when she caught her. This was clearly a setup
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #18

    May 22, 2013, 05:17 AM
    Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

    And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.
    mike3489's Avatar
    mike3489 Posts: 32, Reputation: 1
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    #19

    May 22, 2013, 05:36 AM
    Quote Originally Posted by joypulv View Post
    Yes, a set up in a sense. That won't help a lot in court unless you pay a really good lawyer - and I mean for her defense. You need to be worrying about defense first, not suing anybody!

    And to AKlawyer, yes, of course a PD is a lawyer. I suppose I should say private lawyer to distinguish.
    Dhs decide this case and they are Willing to accept my evidence. Do t I the right to present my alibi to the court and it be investigated
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #20

    May 22, 2013, 05:48 AM
    The "friend" is the one you can sue, for leaving children alone, her mother can not "make" her do anything, since she is a adult.

    For the DHS, it appears you left children with someone who is not responsible, and will need to work with DHS on this. But you will need a good defense, (not alibi) you will need to prove your provided someone to watch, and prove what happened.

    As long as the girl watching was 18, not younger, most of this falls on her, but then if you knew she had any issues, they may also blame you

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