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SoloLawyer
SoloLawyer, Attorney
Category: Legal
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Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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My boyfriend was assaulted by my business partner in my house

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My boyfriend was assaulted by my business partner in my house after a heated incident in which my boyfriend was doing most of the talking/yelling. I was in the other room when it allegedly happened. At the time I incorrectly believed my business partner's claim that nothing happened, and was unhappy with my boyfriend for blowing it out of proportion when I thought he had been the trouble maker. When my boyfriend called the Police, I got on the other phone line and told them I heard something very different than what was being reported. I was very upset and disappointed with my boyfriend's actions.
The Police came over, questioned everyone, and did not press charges because they said they were not present, and there were no witnesses.
Later that night, my business partner admitted to me that he did hold up my boyfriend by the neck/jaw, and followed by saying he was very sorry.
My boyfriend wanted to press charges immediately but I did not support him--I thought since he started the incident, and caused trouble yelling, he was the responsible party.
We disagreed over this for months....finally, my boyfriend brought me to the law library and showed me the laws. I was so embarrassed and sad. I saw he was correct. I began to help him find a lawyer to bring my business partner to justice and correct the mistake.
During the following months, I discussed this with my business partner...told him I learned that he did in fact "assault" my boyfriend, and told him what I had learned about the laws. One day, he admitted to me: "I did it because I knew I could". I was shocked at that statement and knew it must go to a hearing, and was glad we were working on doing just that.
Our business relationship has deteriorated and we are very close to buying/selling the businesses to each other (dividing the assets).
I have since helped my boyfriend by writing an affidavid in which I explain my bad judgement and regret at the time of the incident, and how my opinion has now changed because of my business partner admitting he did it. In the affidavit, I only wrote the first parts of what my business partner said, not the later parts of it: "...he has since disclosed to me that he is very disappointed in himself for losing his temper like that and hurting... He has asked me repeatedly to tell (my boyfriend) how sorry he is. "
Was I wrong not to put everything in the affidavit? I wanted to put enough in it to get a court hearing for my boyfriend, but not so much that I would tip my hand too early. I told my boyfriend about this, and he feels that because I did not specify all of my business partner's admissions in the affidavit, we will actually have the element of surprise in court next week, and the other side will not be prepared for it.
However, I want to know whether I was wrong by not saying all the facts and details in my affidavit, even when I had more information; and did I act illegally in any way? Also in my affidavit, my boyfriend's lawyer revised/removed almost 2 pages of what I wrote, including the part about me learning the laws which brought me to a different viewpoint.
Please tell me your opinion.
Thank you.
Submitted: 7 years ago.
Category: Legal
Expert:  SoloLawyer replied 7 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

From the facts that you posted, it does not sound like you broke any laws. As long as you put truthful information in the affidavit, you are not breaking any laws. Additionally, an affidavit does not have to contain every single piece of information that you know; it simply needs enough information to show the authorities that a crime was committed. The person being charged will have plenty of opportunities to have their side heard when the time comes.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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