Need to email you......

[SM_in_FL]

Hi, Soc!
May I email you with regards to questions concerning some issues with Domestic Violence, intoxication and cps reports? Thank you millions!
SM

[socrateaser]

Only if you believe that you may be subject to an arrest for a crime.

[SM_in_FL]

Hi, Soc!
May I email you with regards to questions concerning some issues with Domestic Violence, intoxication and cps reports? Thank you millions!
SM

[socrateaser]

Only if you believe that you may be subject to an arrest for a crime.

[SM_in_FL]

Hi, Soc!
I hope you've had a good week so far. Hubby's got a meeting with the GAL next week and I've got some questions with regards to some new information that's come to our attention via 2 cps abuse reports. One was made against bm's significant other and the second bm made against me. I'm going to break them down into report A: Bm's report against me and report B: law enforcement cps report against bm's boyfriend. Ok so here's the scoop:

Report A background: Bm filed a report alleging that I hit sd and that I stand her in the corner for 3 hour stretches and scream at her while my husband is at work. Apprently, the investigator noticed that it was a false report and documented accordingly in the report that we now have in our possession. In one section of the report it says: "SD is caught in the middle of a custody battle and is very much aware of the parents going through the court battle because she has been told in details by the mother. SD expressed that she isn't treated any differently from the other children in the home of the father. CPI (Investigator) witnessed the mother coaching SD by telling her to give more detail about certain incidents." This is all great so far. However, this report also documents when my husband was charged with simple assault because he broke a garbage can in our house and cps was notified when he was arrested (the court dropped the charges after he went to anger management classes. This occurred in 2001). It also documents prior reports both ours and BM's. Our reports come out as "no indicators of abuse" and hers have "some indication" and verified". It also has personal information pertaining to myself and my kids which I don't feel comfortable putting out there. This includes SS numbers, date of birth, etc.

Report B background: This report was made by the police officers who went to the scene of the alterication betwen Bm and her boyfriend. It says "Oldest son of Bm called the police and when they came bm proceeded to open the door. Bm's boyfriend pulled her by the shirt collar to keep her from opening the door. He also tried to take the phone away from Bm's oldest son. Bm's boyfriend was extremely intoxicated at the time." (Bm's boyfriend is only 21. She's 40 and I don't know if that has any bearing or if it's useful at all but just thought i'd add that on as well). In the report it says "some indicators" with regards to the intoxication and "no indicators" with regards to the domestic violence. However, he was arrested and charged with 2 counts of assault or battery. The disposition was "defendant procecution program."

Ok so here are my questions:
1) With regards to report "A", could the information against us be damning? Seems like it's a double edged sword.

2) Is there any way of suppressing portions of it and only showing the sections which are relevant to the custody dispute? For example, what I quoted above about what SD told the investigator as well as all the positive things that were said by the neighbors when they were interviewed with regards to our parenting abilities?

3) Who should be notified as to these reports if in fact the reports against us have any bearing? We have a GAL and an Evaluator for sd.

4) With regards to report "B", is the intoxication a strong enough reason for hubby to request temp custody of sd?


5) If so, what would be the best way to argue it (if we file the motion ourselves) or should we leave it to the GAL to decide whether to file a motion or not?

6) Is her boyfriend's age with regards to her relevant or of any use? her oldest son is only 3 yrs younger than the boyfriend.

7) On both reports, the fact that they were (hubby and current boyfriend) charged with some form of assault sufficient to be bad for them even if they were not disposed of as guilty? Or is going onto one of these pretrial intervention things an unofficial submission of guilt?

Thank you Soc, I know this is incredibly lloooongggg!!
SM

[socrateaser]

>1) With regards to report "A", could the information against
>us be damning? Seems like it's a double edged sword.

The simple assault is nonsense and irrelevant. Use it.

>
>2) Is there any way of suppressing portions of it and only
>showing the sections which are relevant to the custody
>dispute? For example, what I quoted above about what SD told
>the investigator as well as all the positive things that were
>said by the neighbors when they were interviewed with regards
>to our parenting abilities?

If you introduce only part of a document, the other party has the right to introduce the rest. These reports, however, are all objectionable as hearsay without the testimony of the person who made them, at least with regard to those portions of the reports that state an opinion.

>
>3) Who should be notified as to these reports if in fact the
>reports against us have any bearing? We have a GAL and an
>Evaluator for sd.

Probably both. I don't see that either of the reports harm you.

>
>4) With regards to report "B", is the intoxication a strong
>enough reason for hubby to request temp custody of sd?

On it's own it doesn't prove a pattern of alcoholism. You need more evidence.

>
>
>5) If so, what would be the best way to argue it (if we file
>the motion ourselves) or should we leave it to the GAL to
>decide whether to file a motion or not?

Give it to the GAL and the eval.

>
>6) Is her boyfriend's age with regards to her relevant or of
>any use? her oldest son is only 3 yrs younger than the
>boyfriend.

Nope. Weird, but not particularly relevant.

>
>7) On both reports, the fact that they were (hubby and current
>boyfriend) charged with some form of assault sufficient to be
>bad for them even if they were not disposed of as guilty? Or
>is going onto one of these pretrial intervention things an
>unofficial submission of guilt?

An assault where no one is actually injured is nothing compared to an actual battery.

[SM_in_FL]

Thanks for your response, Soc! Got a few more questions:
1) What does "defendant prosecution program" mean?

2) IS going into one of these pre trial things a submission of guilt? For my husband, the case was dismissed once he completed his, so does that mean he was not guilty then?

3) If so what can he do to get that taken off his record?

4) If it does come up in court, is it sufficient just for him to say it was dismissed without going into the whole intervention thing?

5) with regards to the personal information on the report bm made against me, can I delete that off there? I really don't think my kid's socials and dates of birth are relevant, you know...

6) You stated above that on it's own the report of bm's boyfriend being intoxicated wasn't sufficient on it's own to ask for temp custody.....would SD's submission to the GAL or the evaluator that he drinks, or a recording of her saying he drinks alot be good in addition to that report?

Thanks, Soc!
SM

[socrateaser]

>1) What does "defendant prosecution program" mean?

probably "deferred prosecution program." means that the DA will agree to not prosecute if the defendant agrees to do rehab.

>
>2) IS going into one of these pre trial things a submission of
>guilt? For my husband, the case was dismissed once he
>completed his, so does that mean he was not guilty then?

"admission" of guilt. depends on whether the court asks for a plea prior to offering the deferral.

>
>3) If so what can he do to get that taken off his record?

It's a juvenile program, therefore there will be no record after he turns adult.

>
>4) If it does come up in court, is it sufficient just for him
>to say it was dismissed without going into the whole
>intervention thing?

give me a specific hypothetical. I can't rule in a vacuum.

>5) with regards to the personal information on the report bm
>made against me, can I delete that off there? I really don't
>think my kid's socials and dates of birth are relevant, you
>know...

you can ask the court to seal a specific portion of the record on grounds that it is not relevant.


>
>6) You stated above that on it's own the report of bm's
>boyfriend being intoxicated wasn't sufficient on it's own to
>ask for temp custody.....would SD's submission to the GAL or
>the evaluator that he drinks, or a recording of her saying he
>drinks alot be good in addition to that report?
>

if you can link SD's drinking to BM's consent or acquiesence, then you have a case.