Well, you could read NG alt support child protective services
However, it seems as if your wife would be charged with *trespassing*, and not
on the FEDERAL CHARGE of kidnapping.
The
complaint states that my wife grabbed the babysitter's child and yanked her
around by the hair.
Does the other party have any evidence of harm to the child--e.g., bruises,
hair missing from head, trauma to scalp?
Does your wife have a legal services plan?
BTW, the enforcement of the law is often unjust. Get yourselves to a law
library, ask for help with State Statutes and look up cases pertaining to
*battery*.
Read and photocopy them.
False allegations common. Is your wife a union member who could consult a
retained atty?
Chris asked:
Subject: Advice for a Nightmare situation where the law seems unjust
From: "Chris Degeyter" Degeyternospam@rtconline.com
Date: 9/8/2003 2:52 PM Eastern Daylight Time
Message-id: <bjij57$j28vh$1@ID-163839.news.uni-berlin.de>
My wife is in a bit of trouble and we would like some advice on what to do
at this point.
I realize that all of this is told from my point of view, and I would like
to say that I am unbiased, but it does have to do with my wife.
Ok here is the soap opera story. I will try to keep it short.
My wife's sister's 3rd husband was accused of molesting my niece (his
stepdaughter).
My sister-in-law found pictures of him with her daughter on the home
computer and went to the police to ask what to do. They took a statement
from my niece and my sister in law and went to the home to look at the
pictures. They printed a picture and asked my sister-in-law if they could
take the computer back for testing. She said yes and signed a paper saying
that she waived the right to have them get a warrant for the computer. He
went to jail and confessed.
About a week later my sister-in-law felt bad about it and wanted to have her
family back together so she bailed him out. He spent the night at their
house (against judges orders) and the next day this was reported and he was
arrested again and then promptly released again. He has been out ever
since.
They have since told everyone that they are going to try to rehab him for
the sake of the family. He is going to say that the confession was coerced.
My Sister-in-law is going to say that she was in shock when she told the
detectives that they could take the computer and the little girl is going to
say that she made the whole thing up. It looks like they are going to get
away completely free.
Meanwhile my wife went to the house one night to check on her sister (after
he was released but before we found out that she was getting back together
with him) When she arrived she heard screaming in the house and was
concerned for the kids. She knocked on the door and the sister of the
accused-molester was babysitting. My wife said that she wanted to see the
kids and she said no. My wife pushed on the door to go in and the lady
backed away and said "Okay <sister-in-law's name> said you were the most
sensible one." So my wife entered and asked where my niece was. My niece
shouted through a locked door to go away because she knew that my wife was
there to kidnap her and try to brainwash her against her daddy who is just
trying to show her love. My wife said that she would leave as soon as she
saw her face and knew she was alright. My niece unlocked the door, poked
her head out, said "I'm fine see!" and slammed the door shut and locked it
again. My wife then left the house. As she was exiting a sheriff's deputy
pulled up and said that they were called to the house. The babysitter said
that she called the police because my wife broke in and was trying to steal
the kids. My wife told her side of the story and the police told her that
she could not force her way into someone's house. They then said that the
owner of the property could press charges. The babysitter (sister of
accused molester) then said "I can press charges? I want her arrested!" the
deputy told her that she would have to contact a JOP to get a warrant.
2 weeks went by and we were forgetting the incident when a deputy showed up
and handed my wife a ticket with a court date saying that she was charged
with forcing her way into the house and simple battery on the child. The
complaint states that my wife grabbed the babysitter's child and yanked her
around by the hair.
So the situation is that the molester is most likely going to walk while my
wife and I have to deal with these charges. My wife is a school teacher and
has never had anything more serious than a speeding ticket. We now have to
hire an attorney to defend ourselves against these outrageous charges. (I
know that she technically forced her way into the house, but the battery is
completely out of character for her and anyone who knows her could testify
to the ludicrousness (sp?) of that charge)
Since we have never been in a court before, what should she expect? What
happens when it is one person's word against another? Do we have any
recourse to have this person who brought up false charges against my wife to
pay our fees?
Thank you all for reading this and thanks in advance to anyone who can give
me advice, or support in this nightmare of a situation.
Chris
