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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #31 (permalink)  
Old 04-07-2017, 04:06 PM
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If there was any sort of conviction of a domestic assault charge, wouldn't there be details of the event in those records? Could any information be obtained that way that would give some evidence of the actual facts of the event. I have no experience in this type of matter, but I would think that if the other party is now claiming events were much more serious than they were and there was an actual criminal charge it would be difficult to say the event was different than was testified to for the criminal case.

Or if there was no actual conviction, was there a police report of the incident? If so, same principle-how can she claim now events were different/worse than on the original police report?
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Old 04-07-2017, 04:10 PM
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Im having a hard time understanding how she is applying for civil damages under a family matter. Or applying a criminal matter for financial benefit under family law.

The bottom line is she owes you cs for the kids because they live with you. If she had a civil damages lawsuit order that could not be used against cs. You would have to pay what she won.

This whole filing is really confusing. You need to sever the two. A judge in family court shouldnt have the jurisdiction for an award decision under civil. You may need to speak with a lawyer.
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Old 04-07-2017, 05:24 PM
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Quote:
Originally Posted by PeacefulMoments View Post
If there was any sort of conviction of a domestic assault charge, wouldn't there be details of the event in those records? Could any information be obtained that way that would give some evidence of the actual facts of the event. I have no experience in this type of matter, but I would think that if the other party is now claiming events were much more serious than they were and there was an actual criminal charge it would be difficult to say the event was different than was testified to for the criminal case.

Or if there was no actual conviction, was there a police report of the incident? If so, same principle-how can she claim now events were different/worse than on the original police report?
Yes. there would be. I have to start digging this stuff up out of the criminal file. She's recounting bat shit crazy things that never happened and based on that recount, making a claim. There has to be a reconciling of her recount, the criminal file and reality. Hence the affidavits of the children (see other posts).
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Old 04-07-2017, 06:19 PM
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There is no such thing as a "sorta" conviction.
You can be charged with something but matter dismissed for a variety of reasons.
If matter is dismissed then you do not have a criminal record.

I agree with Tayken that you should seek legal counsel.

You are understandably emotionally anesthetized and therefore need assistance.
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