legal problems need advice (almost hit someone with car)
#2
05-01-2011, 02:05 PM
I'm no judge, but I'm going to assume once a judge hears that he isn't supposed to be near you, than anything else that happened after he approached you means nothing. I have no idea though, just a guess. I wouldn't be too worried though since you didn't actually hit him.
#3
05-01-2011, 02:25 PM
First of all, IANAL, and if you should always be wary of posting things like this online if there is an ongoing investigation.
To be blunt, you handled the situation very poorly. If someone is following you that you have had problems with in the past, you should've called the cops and removed yourself from the situation ASAP with as little conflict as possible.
Instead it sounds like you waited until he was at your car before you "romped on it", only aggravating the situation as you describe.
Even if you have an actual restraining order against this guy, it doesn't sound like you made every effort possible to defuse the situation, instead you escalated it. That makes if very difficult to claim any kind of self defense.
A car can be used as a deadly weapon, and he may have a pretty solid case that you were attempting to cause bodily injury or death with your 3200lb hunk of metal, even if he initiated the confrontation, again, you took it up a notch.
With that said, theres your side of the story, his side of the story, and the truth. If this was caught on video though it makes the truth much easier to decipher.
Since you have a family to support, I would suggest reexamining how your actions can affect them. They should be #1, as I'm sure they are to you, but this nonsense puts the family in jeopardy.
My 2cents, I hope it turns out well regardless. And if you don't have an official restraining order against this guy, I would recommend getting one. If he does something like this again, a simple phone call and you can have him arrested.
To be blunt, you handled the situation very poorly. If someone is following you that you have had problems with in the past, you should've called the cops and removed yourself from the situation ASAP with as little conflict as possible.
Instead it sounds like you waited until he was at your car before you "romped on it", only aggravating the situation as you describe.
Even if you have an actual restraining order against this guy, it doesn't sound like you made every effort possible to defuse the situation, instead you escalated it. That makes if very difficult to claim any kind of self defense.
A car can be used as a deadly weapon, and he may have a pretty solid case that you were attempting to cause bodily injury or death with your 3200lb hunk of metal, even if he initiated the confrontation, again, you took it up a notch.
With that said, theres your side of the story, his side of the story, and the truth. If this was caught on video though it makes the truth much easier to decipher.
Since you have a family to support, I would suggest reexamining how your actions can affect them. They should be #1, as I'm sure they are to you, but this nonsense puts the family in jeopardy.
My 2cents, I hope it turns out well regardless. And if you don't have an official restraining order against this guy, I would recommend getting one. If he does something like this again, a simple phone call and you can have him arrested.
#5
05-01-2011, 03:45 PM
thanks for the input, I didnt add in there but this all started from a festival in our town, he followed me to my car. as for waiting, i had enough to time get in my car, lock the doors, roll down the passenger window, light up a sig and put the car in reverse.
im saying as I backed up I was close to him which caused him to punch my car but he says I hit him, only the camera will show that tomorrow. but I want nothing to do with this guy, I avoid at all cost.
cant I say he was trying to break in my car which would be grand theft auto fail?
seriously if you knew this guy you would know he is a piece of ****, I am dating his ex, taking care of his kids along with my own. he doesnt pay child support, rarly see's his kids, has mental problems, takes karate with lessons with little kids, he is 38 btw.
also if I did hit him, he would have a bruise to show it and wouldnt the cops have arrested me by now instead of waiting to see the camera's?
im saying as I backed up I was close to him which caused him to punch my car but he says I hit him, only the camera will show that tomorrow. but I want nothing to do with this guy, I avoid at all cost.
cant I say he was trying to break in my car which would be grand theft auto fail?
seriously if you knew this guy you would know he is a piece of ****, I am dating his ex, taking care of his kids along with my own. he doesnt pay child support, rarly see's his kids, has mental problems, takes karate with lessons with little kids, he is 38 btw.
also if I did hit him, he would have a bruise to show it and wouldnt the cops have arrested me by now instead of waiting to see the camera's?
Considering you were driving the car, and his intent appeared to be to confront you, rather than try to steal your car, you would have a hard time making a case for attempted grand theft auto (I don't know if thats even a possible charge, IANAL.)
Not having bruises or visible injuries does not mean you didn't try to hit him in the eyes of the law. Just because someone is successful in avoiding being hurt, doesn't negate the actions of the person who was attempting to hurt them.
They may very well look at what the cameras have on tape and seek an arrest warrant. Without being there and only hearing your side of the story, you never know. I wish I could tell you there is no chance you'll get in trouble, but I'm not in a position to do so.
When did this all happen? Was a police report filed? Did you call the cops or did he? Did you previously seek a restraining order?
#9
05-01-2011, 07:02 PM
I'm no judge, but I'm going to assume once a judge hears that he isn't supposed to be near you, than anything else that happened after he approached you means nothing. I have no idea though, just a guess. I wouldn't be too worried though since you didn't actually hit him.
If he files a complaint, file one against him as well. Its basically his word against yours. Even if the bank camera caught everything, just state you were afraid fro your life.