QUESTION

What can be done if arrested under false pretenses/personal injury?

Asked on Mar 02nd, 2013 on Child Custody - South Carolina
More details to this question:
My permanent residence was in one state and my ex-husband's was in another. On more than one incident during visitation, he refused to bring my 2 girls home as required in our divorce decree. This happened several times. Sometimes for several weeks. I tried to get help from local law enforcement but they never helped in any way. Once, my oldest daughter called 911 and the police told her to shut the hell up. On the last incident, my ex-husband retained possession of them and told me that we had a court date for a modification the following Monday. I told him that my lawyer- that I had on retainer and the court had on file for me hadn't been notified and I was not notified about this matter or a hearing and he said too bad. I drove the 386 miles and was in court at 9 a.m. the next morning with my attorney. I sat in court for several hours and finally my attorney told me to go get the girls and that my ex-husband had said that my girls would be located at his home for me to pick up, we never had a hearing on the docket but while we were there we would try to get help getting the girls home. I drove to his home two miles from the courthouse. There was no one there. I called my attorney who called the judge back and the judge instructed my lawyer to have me go to the district attorney's office to file a complaint for a child custody violation which is now all the sudden a felony. I followed his instructions. The DA then sent me to the local Sherriff’s office where I was met by a female at the door who served me with more papers for another modification. (I was sued off and on for about 7 years with modifications to the original decree) I entered the building where I was asked again, what my name was and two deputies attempted to put cuffs on me when I was already inside the jail building at the sheriff's office. I asked them what was going on. They said I had failed to appear in court and I asked them when.
Report Abuse

4 ANSWERS

Ronald A. Steinberg
I suggest that you have your divorce lawyer bring to the court's attention all of the nonsense going on between you and your ex-husband. I cannot advise you about the arrest, but if you can get the post-divorce issues worked out, that may provide you with a defense to the arrest. As to the cops telling your kid to shut the hell up, I would write a letter to the police chief and complain. That is completely inappropriate to a child, under any circumstances.
Answered on Mar 06th, 2013 at 2:36 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
No one but your lawyer can figure out what is going on here. See your lawyer and rely on what he tells you.
Answered on Mar 06th, 2013 at 3:18 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
You already have a lawyer, that's who you should talk to about this.
Answered on Mar 06th, 2013 at 1:37 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
I need much more information about the arrest to answer your question about the 'false arrest". Regarding all of the custody court proceedings, it is difficult to advise not knowing whether you have permanent custody or temporary custody. It sounds to me as if it might be best to bring your own case against the father for contempt of court for his failure to return the children per the order. It would be great if the authorities would charge him criminally with custodial interference or parental kidnapping, but authorities often do not enforce these laws, preferring to leave the laws to the f Family Courts. Since you have an attorney, seek his/her advice. Much better than relying on the advice of strangers on the internet who do not have al of the facts.
Answered on Mar 06th, 2013 at 12:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters