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My son is critically ill in an ICU unit in San Diego County.

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My ex-husband's new wife of...
My son is critically ill in an ICU unit in San Diego County. My ex-husband's new wife of 3 weeks and her 25 year old daughter followed me into the ICU and started going into my son's room. I asked the mother what she was doing, as I am the mother. She screamed at me in front of the nurses and doctor's on the unit that I was not my son's mother and that she was my son's mother. Her daughter also was yelling at me. We were escorted off the unit.

I gave the daughter a disapproving look. She threw down her cell phone, cussed me out and told me she was not going to take it. My other son was with me and witnessed this event. I started yelling at her for her disrespectful behavior and put my purse behing my back but never hit her with it. She then rushed at me and pushed and shoved me. I told her to take her hands off of me. She did not take her hands off of my arms and upper chest. I then gr ipped her upper arms tightly and my nails drew blood. She did a citizens arrest. Will she win this
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
7/1/2009
Lawyer: Allen M., Esq., Attorney replied 8 years ago
Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 19,342
Experience: Lawyer and legal specialist.
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Wow...a citizen's arrest. Haven't seen one of those in a while.

When you put your purse behind your back, it could be perceived at assault (under tort....civil law) and could be construed as giving her a basis for "defending" herself.

When she rushed you and pushed and shoved you, she escalated the matter...especially when you told her to take her hands off of you.

When you grabbed her arms, it could have been considered self-defense, which you're entitled to do.

That's one possible outcome.

Another possible outcome, and honestly the most likely, is that this will be considered "mutual combat" and either both of you will be charged (will a fine perhaps) or neither will be.
Allen M., Esq.
Allen M., Esq., Attorney
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Customer reply replied 8 years ago

 

 

I also asked you. Do I need a lawyer? Can I represent myself

Lawyer: Allen M., Esq., Attorney replied 8 years ago
You can represent yourself, at least at the criminal level.....but it never hurts to have an attorney.

A lawyer would know the prosecutors and the judge and, if this can be smothed over, that attorney would know how to do it.

Then you'd want an attorney for the civil end. You've been injured, she's "injured." If a suit occurs, an attorney is the safest route to go.
Allen M., Esq.
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