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Nate
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Hello, i live in ashburn va, i am separated from my husband

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Hello,

i live in ashburn va, i am separated from my husband but not yet divorced. he has been accusing me of having boyfriends and relationships ever since we have separated. i have his text messaged where he has used words like"whore" and "bitch" for me, and its not just one message there is like hundreds of them. He has also always threatened me of dragging me to court since i have sole legal custody of our child and he wants joint custody and he always tries to accuse me of having an affair and being an alcoholic. The other day i saw him with his girlfriend on highway where he was driving the car and his g/f was sitting next to her and my son was at the back seat. I got really pissed because he was the one who always accused me of having relationship and he himself was with a girl and exposing her to my son which is not right. i passed him on the highway and stopped in front of his apartment blocking his way and exited the car and started to scream at him. I was very pissed and i curd\sed he g/f as well, but i never threatened them of anything. i just cursed and yelled at them and mainly to my husband , i said that u are not suppose to expose this women to our son and you are the one who was accusing me always and now how come you have a g/f. They went and filled criminal charges against me. It says "maliciously wounding"..which means i they are threatened by me, if even they have recorded that conversation i am sure there is nothing such as threat from my side. i have sole legal custody of my child from juvenille and circuit court coz my husband has abuse history.
they dont even have a witness to prove that i threatened them its just my word againt their word. what are my chances in this case and how can i defend myself..i mean i have enough material to prove that he is always verbally abbusive and what i did was reaction to his actions..
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.
Thank you for your question.

Your family lawyer is right as to hiring a good defense lawyer.

Past that, there has to be an actual threat. Just yelling and cursing (as deserved as it was) is insufficient to support criminal charges against you. You have all those texts, right? No judge or jury is going to believe his accusations if you can show all the prior abusive communications.

If it makes you feel better, I had a client with a more severe experience. She had texts like you did, a ton of them. The ex was in her home, supposedly to get their child. He threatened her and she grabbed a knife. He pressed felony charges. Based on the texts, we got the charges fully dismissed.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.

Thanks!

Nathan Moore
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10628
Experience: Over 10 years of criminal defense practice.
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