Legal Question in Civil Litigation in California

False Domestic Abuse & 51:50 Report and Arrest

My domestic partner of 7 years called EMT/Police saying I had threatened to commit suicide (not only lied about that but I was actually sleeping at the time he called in the report) and reported that I was ''cold, clammy and face down with faint vitals'' which couldn't have been farther from the truth. The FD, PD, EMT's came, handcuffed me immediately (awakened, shocked and terrified) and took me to the County Psychiatric Ward where they held me for almost 12 hours!! My vitals were normal, I had a blood-alcohol content of 0.32 as I had had one vodka/orange juice (not even a 8 oz) had valium show up (my partner had given me two of his prescriped valium which I took due to unexpected news causing me great anxiety) - I did not resist anything, only kept asking what, why, etc I was released the next morning (I have post-traumatic stress per my doctor) and served with a TRO (lied that I threatened to cause him harm)-I was in process of exiting the relationship, discovered 500+ illegal narcotics by accident in his desk which he gets online & also 'trades' to his friends BUT found that he hooked my 20yrold son to OxyContin(now, thankfully is in a rehab). He has all my belongings, has $$$/power - Please Help!!


Asked on 10/07/04, 7:22 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: False Domestic Abuse & 51:50 Report and Arrest

What's wrong with this picture. A BAC of 0.32 is not something you get from one drink. It is 4 times the driving limit and is enough to put you in a stupor. Not to mention the fact, which I am sure you are aware of, that Valium increases the effects of alcohol. I don't know whether this qualifies for a 5150, but you deserved a night in detox, and you sound like you could use a couple of weeks in rehab. Then deal with your partner and getting your things back.

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Answered on 10/07/04, 8:50 pm


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