I recently got into a fight with my mans ex. She came to my house to pick up her son and we had a verbal argument. She got out of her car, bumped my shoulder, backed me up into my car and pushed me. I punched her three times and then it was over. She called a friend (who came over & threatened me and my children - I have filed harrassment charges against her), then she called her lawyer, then the cops. Noone was arrested. She had several scratches on her face from a ring I was wearing. She said she didn't fight me and that I attacked her. However, I pressed charges and she did not. I have court with her in a week. What can I expect to happen at court? I have never been to court before so I need details. Thank you.
Additional Details
7 hours ago
After she pushed me, I pushed her first, but then I saw her arm coming around, so I punched her. She grabbed my necklace and ripped it off, then grabbed my hair. She also kicked me. I told the officer that I had no marks, but later that
2007-07-20 01:23:23 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Just show up and tell the truth, judges are very good at seeing through a liar, as long as you are in the right have no fear. You described a clear cut case of self defense in my opinion. The ball is in the states court right now all you have to do is show up and tell what happened, the law does not say you have to get the crap beat out of you before you can defend yourself so I don't see a problem. If she has an attorney then she has probably been in trouble before, consider yourself lucky she didn't have a knife or worse to hurt you with. A witness to the fact that she put her hands on you first would seal the deal against her. I would recommend not having her children at your house ever again, if she has no reason to come over she won't, tell the prosecuting attorney to stipulate a no contact order as part of the deal not to throw the book at her, she probably has prior offenses that won't look good when they come to light in court! In the mean time file a small claim against her for hurting your hand when you were forced to hit her to get her out of your space, and suffering for the fear you experienced before during and after the fact, you might get some cash to boot, and it will be tax free too! Good luck, let me know how it goes.
2007-07-21 02:02:02 · answer #1 · answered by samhillesq 5 · 0⤊ 0⤋
Now the police will take the evidence and recommendations to the state prosecutor he will decide if your complain is valid and if there's enough evidence to win.
If the prosecutor decides to go on there will be a "preliminary hearing in front of a judge, you and the other part will be present, the prosecutor and the lawyer of the other part will present their points to the judge and the judge will decide if they should go to trial or not, based on the evidence. The judge doesn't need to find out who is guilty or not at this point only that "it seems" that something illegal happened. After that a date for trial will be assigned. At this point the prosecutor would ask for bail if needed (in your case it seems very unlikely the need for a bail since the cops didn't even arrested anyone on site; most likely everyone will go home until the date of the trial).
I don't see the prosecutor calling for a grand jury for something like a simple assault. But just for your own knowledge, it would be just the same as before but instead of a judge it would be a jury deciding if there should be a trial or not.
Tell your man that from now on he must take care of his own son. It's not worth it to play the "good stepmother".
2007-07-20 10:37:29 · answer #2 · answered by ? 7 · 0⤊ 0⤋
You filed charges. Now it goes to the prosecutor (district attorney) to determine if there is a case to proceed.
If the prosecutor decides to proceed, you will likely be called as a witness -- either at the grand jury (if any) and/or at the court proceedings (trial, plus maybe some preliminary hearings).
The prosecutor will be able to answer your questions regarding when you show up, and will probably want to discuss your testimony with you before the trial.
2007-07-20 01:34:24 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Most likely the judge will fine her since you are the plaintiff. or he may choose to drop charges for lack of evidence. or he might just give some community service to her. I doubt that she will face any time in jail. When you get there just be honest. don't lie don't make anything up. if she brings up a counter of she hit me first. tell the truth. You are using the justice system. The truth needs to be told for correct justice.
2007-07-20 01:35:07 · answer #4 · answered by mousehth72 5 · 0⤊ 0⤋