mercredi 24 août 2016

Domestic Violence: Simple Assault Domestic Violence

My question involves criminal law for the state of: MS

Hello everyone,,,me and wife had been talking about getting a divorce for several months and been spatting off and on a bit but in truth nothing has been pursued with. I know she is not working and needs her medical benefits with me so I have been looking for an amicable solution (or maybe even stay together). In the meantime I have been pulling away from her emotionally and we've been more friends. However, I think this has made her more desperate.

We had been fighting over the weekend and she was flipping out demanding to be driven somewhere. I dropped her off at some random hotel at her request. She called me a couple of hours later and requested to be picked up which I did and we laid on the couch and took some rest for the night. Mind you I am leaving out that she callously called the cops on me for suicidal thoughts on Friday after paying absolutely no attention to my comments or showing any concern for me and wrecked the car on Saturday morning (making a u-turn) and spazzed out demanding I come with $500 deductible ASAP. She cussed me out while she was on the phone with her mother so I was like well if you're gonna do that kind of crap then I'm not gonna pay for your cellphone (a symbolic gesture because she knows how to use magic jack). I told her if she wanted to use the phone she could use mine if she asked permission. I was still a little perplexed at who I was dealing with-after being together for 4 years I have been a little shocked at her behavior sometimes.

Sunday morning I woke up and she was in the garage a few feet from the side door which was open. I walked in and semi-jokingly said "What are you still doing here?". Her response was "How am I supposed to go". To which I replied "Like this" and took her on the soft meaty parts of the upper arm and proceeded to walk her through the doorway ensuring she wasn't going to trip on any clutter in the garage. Once we got through doorway and outside it did feel like she was either trying to fall or falling as she is prone to do when she drinks. I had to change my grip to support her and keep her falling down as I did not want her to get hurt. In all honesty I was being an ass but I do still care about this person and would never do anything to hurt her. Once I saw to it she was still on her feet and stable I walked back inside garage and ensuring she wasn't close enough to hit slammed the door (a totally symbolic gesture). This evolution took about 5 seconds.

I didn't lock the door and she came storming back in and we were both back in the same spot we started. She had being using my phone all morning (without my permission) and it was still there and she picked it up and startef dialing. I had to wrestle it out of her hands which I did,,,I didn't care who she was calling I was just standing firm that it wouldn't be without my permission since I thought her calling the cops Friday in the manner she did a screwed up move on her part.

She ran out the sidedoor across the street and used the neighbors phone. Police arrived I was very cooperative and told them what happened but of course I left in handcuffs. My wife did not press charges, I repeat did not press charges at the scene or anytime thereafter. In fact, she somewhat violated our no-contact order by sending a friend (cabbie) to bail me out. Unfortunately, the judge has us separated with the no-contact order,,,I am staying at some room I found on craigslist and cut off from everything except for what I squander through the PD and my attorney. I don't know what she told the police or what the witness across the street said she saw (if anything). Meanwhile, my wife is freaking out because she has things she needs taken care of,,,etc and it is a terrible for everyone.

Like I said I was being an ass but I truly assert I am not guilty of assaulting my wife at least not criminally,,,maybe in a civil sense but she wouldn't even think of it. We both just want to get this over with but I've got fight the state prosecutor....,

HELP PLEASE! Any advice or comments would be appreciated.


Domestic Violence: Simple Assault Domestic Violence

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