Notice to new members intending to register - from January 9th 2012

bestmom3911 · #1 06-02-2012, 08:38 PM

I got a battery charge because my mother in law got into a fight. But I'm already on first offenders probation for shop lifting. And I'm have vop court date and I don't know what I should do! I thought about jus paying off everything I owe and maybe things will be ok :/ can anyone help me out?

HardHeadedWoman · #2 06-02-2012, 08:54 PM

how are you the one being charged for your mother in laws fight? or have I misunderstood your post? you got into a fight with your mother in law???

DougsCandy · #3 06-02-2012, 09:11 PM

How can u be charged for something your mil did

yourself · #4 06-02-2012, 09:12 PM

battery is defined as an unlawful touching. So, if you start poking me, you're battering me. If MIL is swinging at me, I'm allowed to defend myself, but I'm not allowed to take a baseball bat to her head (actually, that would be an ag bat, but you get the gist). Bat can also come into play when one person starts beating on another, and you join in. So, if Dude in a bar makes an off color joke and your MIL swings at him, you can't jump in and dump a beer in his face - that would be a battery.

Here's what the OP really needs to do: talk with your lawyer. Make sure your lawyer is aware of both the VOP and the bat. Go from there. Don't start doing things on your own - you'll only be making admissions of guilt, and then demonstrating guilt through doing things.

yourself · #5 06-02-2012, 09:13 PM

oh, and OP, DO NOT answer the question about how can you be charged with something your MIL did. Not here. Not now. Not until everything is settled.

uRmylife · #6 06-02-2012, 10:29 PM

Quote:

Originally Posted by yourself

oh, and OP, DO NOT answer the question about how can you be charged with something your MIL did. Not here. Not now. Not until everything is settled.

I know that I am suppose to respond to the original OP...but I have sat on here for years and watch YOURSELF respond day in and day out....many times having to repeat question after question. And she does. She ALWAYS helps and provides insight. Never with frustration. Just helpful. From one that has never asked for help...but see what you do day in and day out. THANK YOU.

bestmom3911 · #7 06-04-2012, 06:18 AM

My mother in law lied on her statement and basically said I came in and started beating her WHICH is a lie!!! She is a compulsive lier thought. She started slapping me and spitting in my face and finally grabbed my hair which then I went into defense mode

yourself · #8 06-04-2012, 01:00 PM

Quote:

Originally Posted by bestmom3911

My mother in law lied on her statement and basically said I came in and started beating her WHICH is a lie!!! She is a compulsive lier thought. She started slapping me and spitting in my face and finally grabbed my hair which then I went into defense mode

Oh, boy. I do hope you ran this by your attorney before posting.

Just so the rest of you know - this is why you don't post things like this. First you're locked into a story. Second, you called your victim a compulsive liar. If I was the attorney for the State, I'd get this statement in under a hearsay exception. The one that comes to mind first is, "admission against interest". That means your attorney is locked in to proving 2 things - that you're honest, and that your MIL is a liar.

To cast doubt on the veracity of your story, I'd show you to be a liar. For fun, I'd take your forum handle, and have fun with your character from that perspective as well. After all, a jury's going to be weighing your characterization of yourself as "bestmom". How many of them are going to be ok with somebody who hangs out with a violent compulsive liar? The alternative is that you battered you MIL - and turning it into that sort of choice is easy for most attorneys. And, let me guess, MIL called the police, right?

You just made your attorney's job much tougher, and the State's job much easier. This is why you don't publish this sort of thing online when the case isn't settled.

mridgeman · #9 06-04-2012, 01:30 PM

The police must have been called and so there will be a report. You will just have to face the consequences. The police would have asked both of you for your side of the story so you must have told the police what you told us on here. Just tell the truth. That is the only option you have. Good luck.