Q: What is the legal validity of a signed contract as an affidavit, admitting to habitual use of force?
I've been in a relationship with a female whom has a compulsion to use force when triggered. When arguments heat up to diminishing returns, I attempt to leave. She is not large enough to cause physical harm. These instances are about 12 times over 2 years. We currently live separately. She often takes 1 or more of the following actions:
- physically blocking exits when I try to leave. IE holding doors, pushing me off of doors, slamming them and pressing herself against them.
- pulling on clothing, bags, anything attached to my physical body
- Standing in front of me, pushing on or leaning into me
- Attempting to enter my vehicle, obstructing its path, or banging on the windows.
We're considering relocating and co-housing due to economic circumstances. I have asked for a contract to be signed, affirming these recurrent behaviors, in the event she or I is injured, or reported to authorities when this ensues. Would such a contract hold up in court as an affidavit?
A:
That wouldn't be a contract. A contract is a legally binding agreement to do or not do something. She hasn't agreed to do anything nor have you. She is just affirming that she gets physical or has in the past. An affidavit is a sworn statement.
Regardless, you are taking on a lot of risk here. All the police need to arrest you is probable cause and that's a very low threshold. It can just be her saying you did something. Depending on which prosecutor's office you have, you could then face serious time or have to have a jury find that you were not guilty beyond a reasonable doubt. The affidavit might help with the jury. Just might, though, not guaranteed. And you'll spend a lot of time, even over a year, while this is pending and thousands of dollars on an attorney. And you still might end up serving time.
There is no written statement, contract or affidavit that can eliminate this risk. Again, you are taking on a lot of risk right now.
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