I work out of town 80% of the year. I have been married for almost six years. I found out that three months ago my wife started having an affair. I told her it was a mistake and I filed for divorce. She had an ex parte filed against me saying I threaten to kill her. I can prove that I didn't, but my lawyer insists that I plead out so I don't go to jail. He says its to hard to prove I didn't say it. then to say I did say it to avoid jail. He isists that in my case that the numberous calls to her won't look good. Those calls were only made to talk to my son. She wouldn't let me. So now how do I prove that she's lying and that I didn't say those things? I believe that pleading guilty is just what she wants so she won't lose her son and therefore her child support. She also knows I can prove she is a bad mother but with a domestic abuse charge I won't be able to gain custody of my son. I would like any help I can get.
2006-10-05 12:34:31 · 10 answers · asked by Dan P 1 in Family & Relationships ➔ Marriage & Divorce
You have a constitutional right to defend yourself. So you can fire your lawyer, go it alone which really isnt all that hard or get another atty that will work for you. Now what you want to do is not prove shes lying but prove that you are telling the truth. Force her into proving that you actually did what she says you did. The law requires you to have equal time in front of the judge. You just have to prove what you say is true and nothing but. Going after her only makes you look guilty and running scared. Dont play her kid games but show that you are the loving father just wanting to talk to his son especially after knowing the marriage was over, and that she is actually the one trying to destroy your father-son relationship. As hard as it will be dont belittle her in court, but build you up in the eyes of the court and dont use hearsay as the judges hate it and it will only hurt you. If youre asked if you ever threatened her, just tell them with all thats going on you honestly dont remember. You might have but you just cant remember. Were you charged by police with threatening to do bodily harm to another person, because if you werent, then you have nothing to worry about. The third party will be advised against perjury in court so maybe theyll change their mind. Youre right, unfortunately, without documented proof of child or drug/mental abuse, shell get your son so unless you have documented proof, dont attack her on that. Use the numerous calls to show you tried to contact your son and nothing else and watch out for anymore phone contact with them as theyll probably be taping the calls. Good luck
2006-10-05 12:56:08 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
Please hire another lawyer!!!! You do not want to plead guilty if you did not do it. He should be there telling the judge that she was an unfaithful wife and she is lying. You want to be able to have visitation alone with your kids. If you lose the battle you will have to pay someone to be there when you visit your kids. Your wife sounds like a nut. I hope you find happiness. Good luck
2006-10-06 01:22:39 · answer #2 · answered by luvlisteningtomusic 6 · 0⤊ 0⤋
I am so very sorry for your situation! I wouldn't plead guilty if I didn't do it. I honestly can't see you spending any time in jail just for her saying you threatened her. It is her word against yours. As far as custody of your son, go for it. Try to get atleast partial. If there is no history of domestic violence then the courts should atleast grant you partial. Good luck!
2006-10-05 19:42:47 · answer #3 · answered by copswife93 4 · 0⤊ 0⤋
I would no way plead not guilty if I didn't do it. I would seek another lawyer's opinion and help. I would make sure that the judge knows about your wife's affair and circumstances.
2006-10-05 19:41:51 · answer #4 · answered by Hannah B 4 · 1⤊ 0⤋
Find another lawyer. That bad rap will stay with you for the rest of your life. And is that what you want your son to grow up hearing????
Stick to what you know is the truth! Good Luck!!!
2006-10-05 19:45:32 · answer #5 · answered by lollipop 6 · 0⤊ 0⤋
The burden of proof is hers. I definitely would never plead guilty to something I didn't do. That's ridiculous! I suggest getting a different attorney.
2006-10-05 20:48:06 · answer #6 · answered by babygirl_k2001 4 · 0⤊ 0⤋
We're in the same boat! I am also charged unfairly.
I have lots more to say, but...................
CAN SOMEONE PLEASE TELL ME HOW TO CONTINUE A CONVERSATION, like this one, or THE ONE THAT I STARTED (about a week ago, concerning a Vietnamese woman I married who is now charging me with domestic violence and child abuse)?
Thank you.
To the original poster, I would say, GET A DIFFERENT LAWYER!!
2013-12-20 20:22:50 · answer #7 · answered by abulinhthi 1 · 0⤊ 0⤋
On the one side your lawyer is right but if he are a good lawyer he will get you out of it and proof that your wife is wrong and if he can`t do it he is a lousy lawyer.Good luck and I pray for you.
2006-10-05 19:42:57 · answer #8 · answered by cecilia_kriel 2 · 0⤊ 0⤋
I suggest you consult with another attorney...no lawyer should "insist" their client do anything...Women file false claims all the time to get what they want..(I see it all the time)...She probably filed the restraining order (Im going to assume that is what she did) so that you couldnt gain access to the house..again this is something that is done all the time..
2006-10-05 20:07:02 · answer #9 · answered by Heather 4 · 0⤊ 0⤋
I suggest you listen to your lawyer.
2006-10-05 19:39:41 · answer #10 · answered by Anonymous · 0⤊ 1⤋