Can my boyfriend's ex use my past record against me?
Question Details:
My boyfriend's ex is threatening that if we get married that she will find a way to keep us apart; I was convicted of domestic violence on my 13 year-old daughter. Can she stop me from being around her children and control this? My ex-husband bought my daughter a Saab convertible when she was 13 so she would say I choked her. I had turned her head to look at me and told her to quit being so disrespectful. We had just got our divorce and it has been a custody battle. I still have my children and they never got taken away and I work at the schools. I was on probation for a year.
Criminal Defense Law Answers
The general rule is that an almost 15 year old misdemeanor domestic violence conviction should not have any impact on a current custody proceeding, nor could it be used as evidence of guilt with respect to any new charges. In any event, I suggest that you begin to document your boyfriend's ex's threats. For example, if they are written or recorded, save the letters, emails, tapes, etc. Moreover, you may wish to consult with a local attorney to discuss this matter in greater detail so that you can develop a strategy to take pro-active steps to his ex's conduct. Good luck.
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