Need advice ASAP re legal issues
I don't know how much background info I've given on BM/Ex wife but she is certifiably crazy. She has been using the legal system to her advantage for the past 8 years or so. She continues to make false allegations at least every few months. There are currently a few open court cases because she owes child support, plus she filed for food stamps and government assistance and said skids were living with her, so the government is pursuing SO for child support EVEN THOUGH HE HAS CUSTODY and there is already an open case regarding her non payment.
This morning at 530am, detectives came to the apartment and arrested SO because she claimed he threatened her last week before a court appearance and she had an OOP on him for "threatening to kill her and the kids".
What do you do in these situations? How can she continue with getting away with lying, and how does our justice system allow this?
What can we do? Any advice is welcome.
- SMto3's blog
- Log in or register to post comments
Comments
I'm going to ask some
I'm going to ask some questions simply because just reading your story, without knowing more details, doesn't seem normal to me.
In my experience, it would be very unlikely for a Detective to come to your house at that time of day to immediately arrest SO for something that happened over a week prior. Normally that will happen if there a crime of a serious offense (by that I mean something with bodily harm) that occurred very recently (like within several hours). A verbal threat that allegedly was made several days ago would not warrant that....again, this is in my experience only.
Also in my experience, an arrest such as that would not be made without actual proof (email, voicemail, text message sent, a witness who also observed the threat other than BM) or without proof, repeated documentation of similar incidents where one would be likely to believe the threats are more than likely occurring.
Do you know if BM has any proof? If not, it will be her word against SO if it actually did go to court.
If SO was arrested and there is no more to this story you can explain, your SO should cooperate with the police, and court even if the allegation is false. Not doing so will cast him in an unfavorable light. He can be cooperative while also expressing his concerns over the false allegations.
HRNYC, I have no experience
HRNYC, I have no experience with these types of things. I opened the door and actually INVITED the detectives into our apartment. I NEVER thought they would take him down to the precinct and arrest him. I feel so stupid.
I honestly don't believe SO
I honestly don't believe SO threatened her last week before he went to court. Even the arresting detective told me he thinks SO is a good guy. He suggested that we get an OOP against her. He said that if it wasn't that there was already an OOP on file, SO would not be getting arrested. She has been doing this for 8 years or so. I wrote in my last post that BM has psych issues but according to the detective, every allegation has to be taken seriously. She even ran off BM2 by saying that BM2 jumped her. BM2 left to another state behind this. She currently owes 5 figures in CS. Last week, the judge ALMOST had her "immediately incarcerated" but somehow, lucky person she is, they allowed her another 6 months to come up with money. It was after this court appearance (or before) that she alleged SO threatened her. Yesterday they went to court for ANOTHER OOP she put out a few months ago alleging that he "tried to run her over with his car" when she went to pick up skids from school ON A NON CUSTODY DAY! Yesterday that case was dismissed because apparently, while she was under oath, she couldn't get her story straight. So as usual, since the results were not in her favor, she probably went to the precinct and made that report. She wants to fuck him over, one way or the other.
Making false allegations
Making false allegations needs to be taken more seriously, I think you may need to speak to your solicitors about suing her for slander. Also you want to keep up pressure on the police to prosecute her for wasting police time.
Unfortunately it seems to be another occassion whereby the law automatically sides with mother as "mothers cant possibly do things to hurt their kids" utter bullshit.
So sorry you are going through this
I agree, she's committed both
I agree, she's committed both slander and libel. Writing false police reports=libel. Talking crap about him to skids and the courts is slander. We brought this up to the attorney he has, but it seems like the attorney is overwhelmed with the amounts of cases they have and the fact that she continuously makes false reports. It seems like SO is always going to court and is on the defense all the time with all these crazy accusations she comes up with every other month.
Cop_Mom is exactly right
Cop_Mom is exactly right
You say she has an OOP. Was
You say she has an OOP. Was your SO ever served with the OOP so that he had knowledge of it?
In my state (Illinois), someone can not be in violation of an OOP unless they are served a copy of the OOP by a law enforcement agency. Even if they have a heads up that the OOP exists, they are not considered in violation of it unless a Law Enforcement Agency can provide documentation that they have been properly served with it and document that they have knowledge of it.
The sheriff served him the
The sheriff served him the paperwork while he was at work. He had knowledge of it. SO has a family court attorney through his union, but I feel that the attorney is not as good as he could be (as SO is currently incarcerated now).
Is he paying this attorney or
Is he paying this attorney or is he getting services for free bc he pays union dues?
I ask bc if he isn't paying additional, he should get his own attorney. Attorneys who provide services through unions at no extra charge other than union dues get paid the same no matter what the outcome of a case is or how much Time and research they invest in the case.
Best to pay an attorney based on their time and effort into your case.
If and when this all comes
If and when this all comes out in court that it is a false allegation she made, have SO speak to an attorney, the court, and the police about charges against her for the filing of a false police report.