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Do you think I was wrongly arrested?

I am bringing this up with my lawyer today, but I wanted some random cynical internet opinions from the wise Yahoo! Answers community, just to get a feel what the general public would think about this.

My wife is involved in a dirty custody battle with her ex-boyfriend over her son. They were never married. My wife has a temporary protective order against him. He has recently been arrested for hitting both of us during a child exchange which resulted in my 17month old stepson being sent to the hospital. He got charged with domestic assault and child endangerment. While spending 4 days in jail, his charges got raised to child abuse. He is being prosecuted by the DA.

Shortly after his release from jail, he filed a motion claiming WE attacked him and that he needed police to retrieve my stepson from us. He also sat on mailing us the paperwork, so we did not receive the motion until 2 days after the hearing. We have all the documentation to prove this. However, because we did not show up for the hearing we didn't know was happening, he got awarded almost everything he asked for.

He then got an order that police can take my stepson from my wife by force if neccessary when its his turn for visitations.

On monday, the police called my wife and because her son was not with her and at her grandparents, they arrested her and me on a kidnapping charge.

We didn't get the actual order ourselves to understand why they arrested us until tuesday, the next day. We only spent 6 hours in jail. But, on looking at our copy of the orders, it clearly says visitation did not change. We were SUPPOSED to have custody of him on mondays and could leave with his grandparents.

So basically, we got arrested for kidnapping on a day we were legally ordered to have my stepson.

My wifes ex has been manipulating everything and got us arrested with lies. What do you think?

15 Answers

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  • 1 decade ago
    Favorite Answer

    You were totally false arrested. That is what sucks about the justice system. The police don't totally investigate all the information and it becomes a waste of your time and money when you get arrested for keeping your own kid.

    Please sue the department for false arrest and pray that everything works out with this deranged father. Even though he is totally crazy, the child needs both his mom and dad. (On the exception that this back and forth violence is not healthy for a child to be viewing)

    Good Luck! Hope everything works out!

    Source(s): Live in Oklahoma with some of the worst law enforcement ever.
  • Lexie
    Lv 7
    1 decade ago

    You should be fine.

    Apparently the theory on the kidnaping charge is that the child was supposed to be with your wife, not the grandparents, which is, of course, ridiculous.

    No wonder cops hate these custody problems. We always tell them to stay out of it, take a complaint if necessary, arrest no one unless we tell them to. I can't imagine what in the world a judge is thinking when he or she orders the police to take a young child from either parent by force. There are better ways to enforce custody and visitation violations, including fining or imprisoning the offending parent for contempt.

    I hope you are able to come down hard on this guy.

  • 1 decade ago

    This is why everyone has their so called day in court. Your attorney should be able to present a case for your behalf very easily.

    1. The papers have to be served and returned to the court before trial,see service of civil actions your state.

    2. he filed a counter claim to the report already filed by the police about the incident.

    3. he got a restraining order after yours was already in effect and he violated.

    4. how can you be arrested for kidnapping when you did not have the child? maybe grandparents would be charged with kidnapping when not in your physical custody but grandparents??

    Like I said above and has been said by many before me "Every Dog has it's day." Truth will out when the whole record is under a judges review--Good luck

  • J.D.
    Lv 6
    1 decade ago

    u need more than a layer-u need the right people from the state on ur side (to hear what is going on). the x is laughing. start a non-dom. Church for more help if u need to. the layer can go back n open the case back up. the courts should have sent u a copy of what he x gets too. get a small tape player n record all calls n conversations from now on too (have to do this now-i love mine)-this will help. both of u should have put a restraining order on him the first time-so think about that-

    good luck

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  • 1 decade ago

    Yes, I think that you were wrongly arrested. He is manipulating everybody into thinking you and your wife are doing all the wrong, where we don't know the whole story, but it IS mostly his doing. I think he knows that if he "plays fair" then he will lose the battle, so he snoops down to low levels.

    Good luck on the custody battle and with the whole arrest thing.

  • Anonymous
    1 decade ago

    Wow. That sounds like a plot for a law film...don't mean to desensitize your predicament. Yes, I think you've been unlawfully arrested. Unless there's something mentally wrong with the mother, the child should belong with her, part father's or not. A kid needs their mom, especially if they have a stepfather with a job. I hope your case gets justly dealt with. I'm praying for you.

  • 1 decade ago

    Here's what wrong with the story:

    You say HE sat on the paper work 2 days before the court date:

    The PAPER work was not his to send, that would have been the court not HIM that would have sent that

    please explain that part first

  • 1 decade ago

    Sure sounds like this is not fair.

    Get a good attorney who KNOWS what to do and justice will prevail.

    Make sure YOU know what your rights are and make sure you KNOW what your attorney SHOULD be doing.

    How to Hire a Lawyer:

    http://www.jurisdictionary.com/SidePages/Hiring.cf...

  • 1 decade ago

    You were wrongfully arrested and it's utter nonsense and childish behaviour from your wife's ex

  • Anonymous
    1 decade ago

    sounds like you'll win.....

    I think we need to hear the ex's side now...

    the judge will hear both sides

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