Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as
She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side and me and my son leave but I locked my door cause her stuff was all out then I get a call she kicked in back door I call police and tell them when I return home a officer arrives and arrest me for domestic 3rd degree battery but I did nothing except report my door being broke
A: Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.
The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.
I'll also say though that if you were not the offending party, the Court should not find you guilty. Police sometimes get it wrong. After all, they did not see what actually happened. My recommendation is that you get an attorney to help you right away. There are many things going on behind the scene and you need guidance with that along with advice on how to proceed and not violate any Court order.
Thank you for reaching out to this website. We can really help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.