Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)
I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?
A: If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.
Of course if you did in fact attack your wife, they can ask you questions about the circumstances (not about the criminal charges themselves).
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A: You can object to anything. The real question is whether your objection will be sustained. That depends on factors such as the law, the Judge and how good you are at presenting and arguing a proper objection. Typically, cases with merit do not get dismissed - they are also typically not admissible which is why most of the time an attorney will not bring up a past case that was dismissed. You bring up past cases where there was a solid conviction. If the case was dismissed, odds are it lacked merit at least to some significant degree so why would you care that she brings it up? It will likely just make her look like a desperate mudslinger. What you should be concerned about is any legitimate evidence she may bring up. Of course, if you actually did attack your wife and it got dismissed because she asked that the charges be dropped - that's a different story and you may have some 'splaining to do about the incident in response to questioning. The bottom line is you are not simply not competent to represent yourself and your best bet would be to hire an attorney. If you say you can not afford an attorney, then the question becomes how do you expect to to pay the expenses associated with having custody of a child? So do your best to shop around and find an affordable attorney. Best of luck.
1 user found this answer helpful
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