This is a long and sordid story, so I'm going to give you a timeline to help sort out the events.
September 2009. Brother ("T" 21, 17 at the time) meets girl ("E" 15 at the time 19 now) they date for a few months and Nov 2009 E gets pregnant.
Nov 2009-July 2010 E yoyo's with my brother for the entire time she is pregnant, they try to work it out but are on and off during this time. Their son is born July 2010 and they decide to try and work it out once again.
July 2010-March 2011 things are okay. They are still on again off again. That is until one day in march when E completely loses her shit, he kicks her out of my parents house where he had been allowing her to stay. She calls the cops on him. Cops come, they tell her to calm the f down and that my brother is in the right. She leaves taking their son J with her.
April 2011-May 2011 During this time there are several arguments, of which E calls the cops every single time, and every time is told she needs to GTFO and stop being crazy. Finally this culminates in a moment when she physically attacks him, scratches his face, and gives him a black eye. (All in front of their son J,) He doesn't call the cops, but kicks her out. An hour later the cops show up at his house because she called them and told them he had beat her. The cops assess the situation and decide she is at fault. They arrest her at which point she is screaming bloody murder at the cops and cussing up a storm at them about how wrong they are... she ends up spending the weekend in jail. The next week the DA drops the charges against her. Life goes on.
May 2011-December 2011 Things are fairly okay. E is being nice, kissing T's ass and trying to get in his good graces. Unfortunately he's an idiot and he falls for it. They get back together, things seem okay though and she's not being as crazy. He thinks maybe she is maturing a little bit.
Dec 2012-Feb 2013 During this time E and her mother get into a physical altercation which leaves E's mom with a black eye and bruises all over her face. She's kicked out of their house. E appeals to my brothers (idiotic) good nature and she moves in with him. March 2013-April 2013 They decide to get married. Things are okay this month.
April 2013-June 10 2013 During this time, E is cheating on my brother with any man who looks her way, she is texting my brother's friends asking if they want to hook up. He gives her one chance (idiot again) and that same night she texts one of his friends asking for a hook up.
June 11 2013 T texts E that night telling her they are through and she is not welcome anymore. She shows up to the house (they are still living with my parents BTW) banging on the door and screaming bloody murder. He opens the door for her and tells her she has 20 minutes to get her shit and go. She FLIPS out on him and attacks him. Only she's smarter this time and doesn't use nails or anything, she just starts wailing on him. He grabs her arms and moves her back away from him. She then kicks him in the balls, and in doing so causes herself to trip and fall over on an ottoman. Finally she leaves, last we hear is that she is going to the hospital for the fall to the ottoman. It was a mostly soft ottoman. It turns out she has set him up for this and has an audio recording of the altercation in which she is screaming "Stop T, Stop" even though she is the one attacking her.
06/13/2013 Cops show up at my brothers house to arrest him. He goes easily and calmly without putting up a fight about it. They go to court, he is being charged with third degree harassment. At this point E is also being charged with the same thing (and when she got arrested apparently threw a holy shit fit.) During the initial hearing my brother hadn't really gotten a lawyer yet, the judge tells my brother he is not able to have any guns. My brother is a hunter and therefore didn't want his guns to be taken away from him. The judge words this in leagalise and makes it sounds like they are removing his guns permanently and he will not get them back. T asks to speak with his lawyer about this and asks for a public defender if he is unable to contact his lawyer the judge tells him no, that he has to have an answer right then. So my brother not understanding says well then I don't want to surrender my guns. The judge says, ok and he ends up having to stay the week out in jail. During this week the charges against E are completely dropped, and E's parents file for emergency custody of their son. My brother hears nothing about any of this until today when he is released.
His court date is scheduled for September, is there any hope for him? I'm so disappointed in the legal system. My brother is a good man and unfortunately he fell for a crazy person and has thus far been much too nice to her about this. I am so worried that he will lose his son and end up in jail or on probation as there is not much evidence except for he said, she said, E had marks on her from the fall and I wouldn't put it past her to cause self-inflicted wounds as well to manipulate things in her favor. She didn't go to the hospital until hours after the incident. My brother has been nothing but nice and respectful to the cops and everyone involved with the case and they are still considering him the aggressor just because he's the man...Is there any hope?
Also if anyone here is in the Colorado Springs area, do you know of a good lawyer who will aggressively pursue this and specializes in cases like this, someone who also can handle custody? My brother doesn't have much money (if any after this as he may be out of a job.)
Tl:Dr My brother was in a relationship with a woman who cries abuse and calls the cops at every turn even though she is the one who is physically abusive to my brother. Cops finally arrest woman and my brother, both being charged with 3rd degree assault. DA drops charges against the woman even though she was the aggressor and now my brother faces the possibility of jail time and could lose custody of their son to this woman. Please help and if you know any lawyers in the Colorado Springs area that would be aggressive about this, please let me know.
[–][deleted] 1 point2 points3 points (1 child) | Copy Link
[–]rightsbot 0 points1 point2 points (1 child) | Copy Link