Assaulted by Sister

My sister and I have not really spoken in over a year. She controlled her oldest son and he had enough. It came to a head when his father passed away (my sister’s ex-husband). She is mad at me because she thinks I should tell him to get over it and just talk to her again. He is 27 and married with kids.

So in October I called my mother (who lives with the sister) and asked if the sister would be there that Saturday. I was told she was going out of town. I said do you mind if I stop by and see you. She said that would be great. I texted said sister and asked that she put my two handguns and pearls in my mother’s room so I could get them. She said fine. She has been holding them hostage for over two years. I drove over there with my daughter, daughter-in-law and grandson. They stayed in the car because my mother calls all the time asking about my nephew’s son and never anything about them. So they were over it.

My nephew asked me to see if I could get his stuff from the house because he does not want to go over there because my sister can be violent. I asked and all she wrote back on the text was “is this from my son?” I said yes.

I got to the house, went in and sat down and tried to talk to my mom. She was getting very defensive about my nephew and I kept telling her I did not want to talk about it. I finally told her, I’m sorry but I’m going to go. Love you and will talk to you later. I reached over to get the two guns (in a soft case) and my pearls. I had the guns in one hand and the pearls in another. My sister burst into the room screaming at me and telling me to look what “I” was doing to her mother.

I have tried my best to stay out of all of this it’s between her and my nephew and has nothing to do with me. Her two other kids will not speak to me because it’s all my fault that their brother won’t talk to them.

She told me to get the Fk out of her house. So I gave my Mom a hug and kiss and said I’ll see you later. She stood in the doorway with her feet and hands against the door frame and would not let me leave. I tried to move her and got my head knocked into the doorframe and my hand accidently hit her in the face. It was the butt of my hand because I was holding pearls and I was trying to move her hand. She brought her hand down. When that happened she proceeded to pound my head with her fists and calling me all kinds of names. She knocked me to the ground and I don’t even remember falling. I had about 7 large lumps on my head, a lump on my jaw and a lump on my face by my right ear. She kicked me and told me get up you fat Ct, a phrase she used many times. I told her I need a minute (I’m 61 and she is 8 years younger than me).

When I was sitting there trying to remember where I was she told me I was not part of the family anymore and never had been. My mother who was in the room sat there and I remember her saying stop it Jacquie. I got up and told her you know, you are a narcist and it’s so sad.

I got to the car and got into the driver’s seat and told them I can’t drive someone needs to. My daughter said why what’s wrong. I said she hit me. My daughter said who Nana?? I said no Jacquie, and both my daughter and DIL were out of the car and knocking on the door.

My sister kept trying to get them to come into the house and said what the bitch needs body guards now. She told them she is my sister and I can hit her anytime I want.

We called an ambulance, and of course the police showed up as well.

After explaining everything to the cops, I was given a ticket because of the neighborhood my sister lives in. she claimed that I attacked her and she never kept me from leaving. My mother (who my sister abuses mentality and verbally abuses) agreed with my sister.

So now I have a court date and they did nothing to my sister. I had lumps, bruises and a concussion.

So what happens next???

Get a lawyer. If you have documented bruises, you should ask the responding police officers to file charges against your sister. If they refuse, you can sue the police department for not investigating a crime.

Unfortunately, your mother will be a witness against you, but that doesn’t change the facts or your injuries. Offer to take a lie detector test to prove you aren’t lying. Be strong, and stand up for your rights, but please get a good lawyer.

Did you recover your firearms?

Concur with @dolphinboy

I tried to move her and got my head knocked into the doorframe and my hand accidently hit her in the face.

and do it before the Sheriff shows up at your door because she will probably file charges against you for assault & battery.

Also, IANAL but from what you describe as your sister’s “standing in the doorway” and your “[trying] to move her”, it could perhaps be validly argued that you initiated the physical assault.

I’m accepting your word for how it all went down and that your sister was responsible for the actual violence and beating. But in a court of law, AIUI, being the first one to lay a hand on the other person can make it harder to credibly claim that they assaulted you. I second [ETA: third] dolphinboy’s advice to get a good lawyer, tell them the whole story, and do as they advise you.

On the other hand, the sister was probably committing false imprisonment at the time. I’m not sure to what extent that justifies physical contact to end the imprisonment, but surely it would be a big mitigating factor.

Where a defendant might position themselves in a doorway to prevent someone leaving a room, as in Walker v Commissioner of Police of the Metropolis [2014] .

Also IANAL.

You get a lawyer and go to court.

I asked the police officer to press charges against her and he told me because I slapped her (I did not) and the neighborhood she lives in (she married a rich guy) they could not at this time.

Yes they were in my left hand and my pearls were in my right hand.

You should be telling this to a lawyer.

Get.
A.
Lawyer.

  • Secure a criminal defense attorney and listen to his/her advice.

  • Do not speak any further to the police or anyone else about what occurred.

  • Ask mods to delete this thread.

Welcome to the SDMB, @LARitchey

Since this involves real world legal issues, I have moved your post from MPSIMS to IMHO. We place real-world legal issues in IMHO just to emphasize that any responses you receive here are just the opinions of some online folks and should not be taken as the equivalent of professional legal advice. As in all things legal, our advice to you is to speak to a real world professional.

The police most certainly did NOT tell you they couldn’t press charges because of the neighborhood she lives in.

Since you were there, maybe you can testify on LARitchey’s behalf about her sister’s behavior prior to the incident?

Ummm, yes they did, I heard it, my daughter and DIL heard it.

I think I’d recast that as the police certainly should not have said such a thing.

If our OP was acting wacky they might well have said just such a thing to blow her off.

Or if they’re from the sort of police department that understands that the rich people who pay for the city’s department think it works only for them, not for impartial justice. Don’t piss off your actual customers is sound advice in any line of work.

As so many others have said, there is NOTHING we can offer other than that you definitely need a lawyer.

You do not say what the “ticket” was for - I’m guessing disorderly conduct. I’d suspect the best outcome would be if the sister w/drew her complaint or failed to show for court. But this is serious, and requires personal professional assistance.

And I wouldn’t be going over to sister’s house anytime soon. A 27 year old is perfectly capable of dealing with his own mother.

Your sister sounds not unlike my mother.

What do you next?

Stop being the go-between for grown-ass adults.

Never give any information to your sister that she could use against you, including your planned whereabouts.

Get some good therapy.

Who called the police?

OP, what was the charge on the citation?