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A friend of mine was recently in court and this is her story...A few months ago my friend answered her door to find her husband's ex-wife. When she opened the door, this woman proceeded to swing at her, giving her a good black eye. My friends 8 year old son called 911 and luckily my friend was able to get this woman out of her house. There was no provocation for this attack-my friend and her husband have been married for 3 years with no contact with the ex other than support to the children. Be that as it may, my friend filed assault charges on the woman. Two days before the court date my friend was informed that she was being charged with harassment on a counter claim. To make a long story short, both my friend AND the other woman were charged with harassment and frined $50, 10 days in jail and placed on probation for 1 year. I was speechless when she told me about the results of her hearing Friday-it tells me that you can be attacked in your own home and the attacker can file charges against you?!?! And make them stick?!?! We wonder why people take justice into their own hands? I know I was informed years ago when I had problems with my ex that the best thing for me to do was to leave MY home and then call the police-if I'm in my own home, not bothering a soul and someone comes to my door and starts trouble, I'm NOT leaving. And after learning the outcome of my friend's efforts to keep this woman away from their property, I will handle any situation at my home myself. Then I will call the police and let them get the "trash" off my curb!!
Age and treachery will always overcome youth and agility
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First of all, which agency responded to this incident? Based on the limited amount of information, it sounded as if this may have occurred inside one of the municipalities. Most municipalities have what basically is a rubber stamp court, where most everyone is found guilty, fines imposed with very limited if any investigation of the incident by a law enforcement agency.

I also find it odd, that they allowed a counter charge of harassment, prior to the first case being disposed of, unless there was documentation available which provoked the actions of the ex-wife.

If the information you posted is correct, I would appeal the case to the Circuit Court of the county in which it occurred. I do not know of any jury that would convict anyone of defending themselves, especially in their own home or property.

Another question which I have is, if the ex-wife entered your friend’s home without permission, and assaulted your friend, why wasn’t the ex charged with burglary? During a recent grand jury we discussed the elements of the crime of burglary and if my memory serves me correctly, the information you provided would meet that criteria.
Just to add a footnote to the story I posted-my friend did hire an attorney(at the first hearing she was given a court-appointed attorney who told her to just "drop it") and her attorney was not allowed to present any evidence(her next door neighbor was outside and witnessed the entire scene) and was told by the judge that both parties should have acted like adults because there was a child present. My friend had no reason to think this woman had come to attack her-only that she was there to talk about her children. And yes, as someone pointed out, this case was heard in municiple court. And the only part that's missing is the fact that the woman that attacked my friend had a long criminal record and obiviously knew how to play the system. As for my friend, she's never been in trouble in her life-THAT'S truly the part of the story that amazes me!!!!
quote:
Originally posted by E. T.:
That wouldn't be burglary. That would be breaking and entering. Or an unwanted guest, as they say on the scanners.

I'm guessing there was much more to the story. Anyway, neither of them seemed to have a good lawyer.


In Alabama, burglary is defined as entering and remaining unlawfully with intent to commit a crime. There is no code for "breaking and entering", except for concerning automobiles.

Unwanted guests usually are persons who have not been warned not to trespass on property. If they return after warning, they are trespassers.

I'd like to hear the whole story on this one...I bet it would run to several pages of statements.
Psychomom63, your friend need so appeal her conviction to the circuit court ASAP as there is a deadline for doing so. If not, the conviction will stand. If the conviction is ruled to be related to a domestic issue, it can really affect her life for years to come, including her ability to obtain employment, loans, own or possess firearms, and a host of other issues

Now I'm curious even more. Which city did this occur? During most appeals to the circuit court, the plaintiff from municipal court usually fails to appear, thus the case is dismissed.
quote:
Originally posted by Stinky Inc.:
Psychomom63, your friend need so appeal her conviction to the circuit court ASAP as there is a deadline for doing so. If not, the conviction will stand. If the conviction is ruled to be related to a domestic issue, it can really affect her life for years to come, including her ability to obtain employment, loans, own or possess firearms, and a host of other issues

I can assure you this would make the world a safer place. Too bad it can't be retroactive.
quote:
Now I'm curious even more. Which city did this occur? During most appeals to the circuit court, the plaintiff from municipal court usually fails to appear, thus the case is dismissed.

Florence
Last edited by Karma
Yes, Karma, this case was heard in florence municipal court and my friend"s lawyer told her that in order for evidence to be presented it would have to be appealed to circuit court-but that is going to cost her $1000 or more and she has already been out $500 just for this last court appearance. I know it will be on her record now and that's complete BS. But I posted this story to give others a heads-up on how the "rubber stamp" municipal court in Florence handles cases. I hope she does decide to appeal to the Circuit Court and get this unjustice off her record-and maybe when the evidence IS allowed to be presented in the case justice will be served and her record cleared. She is a law-abiding citizen and deserves to have her case heard and represented in a REAL court-not the kangaroo court they have in Florence Municipal!!! Thank everyone for their input and advice and if there are any further developments, I will keep ya'll updated!
Evidence is evidence, not matter what the court system may be. Was her attorney appointed or retained? There may be an issue with the quality of her representation that is subject to an Alabama State Bar review.

Our legal system is designed around the concept of being allowed to confront your accuser and the evidence they have against you.

If she is not confident in the services of her attorney, I’m sure that there are others, who would be more than glad to take the case and assist her in finding justice.
Her first attorney was appointed but she retained an attorney after the hearing and she was told to just "drop it". As i said the judge shut out her hired attorney and did not allow him to call her neighbor(who witnessed the event). Her paid attorney was flabbergasted that he wasn't allowed to present his case which would've proven she had a valid case and the other woman committed a misdemeanor assault-I hope she can get the money to go to Circiut court and clear her record-I'm like jjulie-even though I live in town now, if I'm not expecting company, I have my equalizer when I answer my door-his name is Fred and he's a mean motorscooter if anyone tries to come on my property uninvited! Big Grin

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