Daughter made a terrible mistake?
my daughter really made a horrible mistake and now has to face the consequences. she called me asking me to get home asap because she said her boyfriend choked her and grabbed her wrists, she's also 5 mos preg. I called the police to assist until I could get home. I don't know what was reported by my daughter until afterwards. She instigated the whole incident, she got angry with him, and lost it on him physically attacking him and he, according to her recantment, was only trying to restrain her. Now she wants to speak to family services to explain what she did. According to the mandatory restraining order, he may not be able to see her for a year. Legal advice is appreciated. she wants to go to the police station and tell them she wasn't thinking straight and it is all wrong. I wasn't there, I can't say either way, I do know she has a temper issue. Should she face up to what she said, essentially lying and where should she start? I saw telling the police the truth.
Answers:
Be careful about jumping to conclusions. Most women who are in an abusive relationship go through periods where their partners are abusive. The abuser will then immediately apologize and promise that if she will not prosecute, they can get back together and this will never happen again. If she goes back the couple then gets into a honeymood period where he is very accomodating and kind -though less so over time till the cycle repeats itself. And trust me, it will repeat itself over and over and over.
EVERY woman in abusive relationship recants afterwards at first so the fact that your daughter is "taking it back now" is not something the police will take seriously. (nor should they)
Also, I don't care who instigated it, adults should not beat on each other or choke each other, and I am assuming that the man is stronger than her and if he needed to get away from your daughter when she was acting insane (if that happened) then he should have walked away or called the police.
Choking a 5 month pregnant woman is not acceptable regardless of whether she is the agressor or not, and regardless of whether the other person is a male or a female. I suspect he is abusive and she too may be and they both need to break this cycle and stay the heck away from each other.
Don't be so fast to try to push them back together. I went thru this same cycle w/ someone in my family - my mother - and every time her husband used to beat her up she would come shreiking to me and then state it was all a misunderstanding and perhaps if she could avoid pissing him off he wouldn't knock the rest of her teeth out anymore. Then she would go back to him and about 8 weeks later the story would replay. Again. And again. Get her counseling and remind her that not only has she got to protect herself but she also has to protect her baby - and your grandchild..
As far as I know, if she lied she needs to recount right now before she gets put in jail for lying to police and perjury. He should not go to jail for something he didn't do.
Of course she should face the consquences and fess up to the police. She should beg her boyfriend for forgivness and she should attend anger management classes. Also with her anger issues I would be concerned for the baby.
your daughter huh?
you want my advise ... tell your boyfriend to serve his time or pay his fine and get as far away from you as he can
if he's smart he's already in the process of doing that
"she wasn't thinking straight " is no excuse. She ought to be in jail for assult and she should be the one taken up on charges of domestic violence.
If every male could get away with the excuse "he wasn't thinking straight" to justify violence and abuse where would we be today?
The law should be gender blind on this issue.
g-day!
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: