Sorry the ticket was for Assault by contact of a family member. I do not get in-between what is going on with my sister or her son. I went over to get my stuff and to see my mother. She was not supposed to be there. And I won’t be going over there or talking to any of them again.
You have to be careful with that. Depending on the state that can fall under domestic violence statutes. Get convicted of DV and you won’t have to worry about your guns anymore because you won’t be allowed to possess them.
If you haven’t spoken to an attorney yet, DO IT TODAY! Take off of work if you have to but speak with a lawyer immediately!
Apologies. I misread such that I thought the guns were the nephew’s. Good luck. Treat this lawsuit as seriously as it is.
Per your OP:
This counts as getting involved. It also suggests you all had an inkling she could be there.
For future reference, he probably could have gotten a police escort to get his stuff out safely. When I left home, my Mom refused to give me my stuff, so I got a police escort to ensure the peaceful transfer of belongings. I’m not sure if that would apply to you and your guns.
I’m glad you don’t plan to get involved again. As far as I’m concerned your mother was playing a dangerous game by lying about your sister being there. Because guns were involved and your sister has a history of violence, it’s a good thing nobody was shot.
As others have said, you really need to stop talking and get a lawyer. Right now you’re in “tell my side of the story mode” – which is understandable, but a very dangerous place to be. Remember the old cliche, “everything you say can and will be used against you?” Well, it’s not true that it “will” but it certainly “can.” Anything you say about the incident to anyone – police, friends, strangers on the internet – can be selectively used as evidence against you.
You’ve said things in this very thread that could reasonably be used to support a case against you – and your posts in this thread would be fully admissible as evidence on the (very small) chance that they came to a prosecutor’s attention. Maybe you could argue that a statement was misconstrued or taken out of context, but you’ll be making that argument in a courtroom whereas you wouldn’t have to explain it at all if you’d kept your mouth shut.
Stop talking. Stop posting. Get a lawyer. Your state’s bar association will have a referral service to put you in contact with an appropriate attorney.
Although anybody can file a lawsuit for really any reason, this will not be successful. You don’t have a legal leg to stand on if you sue the police for not investigating a crime.
At least where I’ve lived, this is a criminal offense. It’s probably a misdemeanor, but that is still punishable by time in jail.
Now, jail is the most extreme outcome, and when you don’t have a criminal history and there are no major injuries I’d anticipate some form of probation, but you must address this.
If the citation includes a court date, you must plan on attending or get a warrant for your arrest. If there’s no date yet, you should anticipate getting notified of one (is the address on your driver’s license accurate?). I’d be checking the court’s docket for your case (they are usually accessible online, although it might take a few days to update).
Sometimes you can avoid having to personally attend court if you’ve already retained a lawyer (who would appear on your behalf). A lawyer can also help you present your side of the story to the prosecutor- maybe it will be dismissed, or you end up with the proverbial slap on the wrist.
Unfortunately, though, it sounds like you are the defendant; the cops didn’t deem you a victim. Good luck!
Hair-splitting but in my state force can be used in self-defense when unlawful force is being used by another person. Unlawful force includes confinement, which could be argued in this case. Striking the first blow doesn’t automatically make you wrong. That said, DV laws vary widely and officers are often forced to make on-the-spot decisions about who was the aggressor. Usually, if there is visible injury there is an arrest. If both people are injured, both may get arrested. The most common piece of advice in the responses to OP is also the best. Lawyer.
First time poster. Jus’ sayin’
Moderator Note
If you want to accuse the OP of being less than truthful, you can do that, but not in IMHO. Take it to the Pit.
noted. apologies