Legal Question in Family Law in Minnesota
I arranged 1 week prior to get my things from my ex and he agreed via text. When we arrived he started acting upset thar we were there and his new girlfriend was huffing and puffing and aggressive toward me and my mother and a friend that came to help. We called for a police escort because we were concerned about things escalating and was talking about changing the locks and not letting me get the rest of my things. The officers left after my ex promised to behave but shortly after he started forcefully prying my car keys from my hands and taking my keys off the chain. We struggled over the keys and in the process broke a lamp and I shoved him to get him off me and get my keys back. This was witnesed by the people I came with. His girfriend was in the basement and didn't see what happened and called the police telling them I assaulted him. My mother was concerned that I would be arrested because we were in his home so I left which I now realize made me look guilty.
Obviously he provoked me but we were wondering if when he pried my keys if that would be considered an initial assault against me? And would it be considered self defense when I was trying to get them back? Wondering because I'm concerned he will use the incident against me in custody mediation.
1 Answer from Attorneys
For your question, I urge you 1st to turn to YOUR OWN personal attorney for guidance: She ought to know your case facts & details as well as anyone. As to nuances in law in that area generally, for your personal 'studies', I suggest you begin with the actual statutes, & initially focus on the definitions. The statutes are 'grouped', you realize: The definitions typically are one of the very first 'preliminaries' to a particular 'group' of laws, typically found near the start of the 'group' ('chapter') of statutes.
As to your personal issues, I urge you NOT to continue in such conduct - the situation sounds as tho' all of you are 'rats running on & on on that round wheel' - there IS a solution such that you no longer be 'a rat on a treadmill'. The situation sounds quite awful: The presence of various 'witnesses', etc. This is a huge drain on resources & so very costly to society, to all of us taxpayers, because we want our police officers to be freed-up for the needs of the community. I urge you to STOP 100 percent what you are 'doing' as it is NOT working.
It also goes without saying that the children are learning from 'you' & 'him' - this is NOT behavior a wise parent wants to teach to one's kids. Also, such behavior stresses kids out terribly. And, the focus for kids should be on providing them with stability, love, care, tenderness, focus on THEIR 'little' needs appropriate to their various developmental stages.
It definitely can be hard 'to see real, true,' HUGE problems when one is laying right down 'covered in 'garbage'.
My sense is: YOU CAN & will change your personal behavior, dramatically & 'for the good'. Imagine life for your kids: No mommy & daddy behaving like crazed animals, no 'packs of potential witnesses' & 'cheering sections', no more wasting of police resources. Wow - think what peace & calm & tranquility would look like for YOUR children.
I suggest you get whatever help you need to help you 'break out of your chains' & see The Light. Yours is a situation that must Stop, Cease, be No More. Think of it as 'pulling the lovely white ironed tablecloth out' from under all the dishes (garbage): The garbage may still sit on top of that table, but you & that beautiful pure white linen tablecloth are off experiencing love, peace, calm, trust, gentleness, care, kindness, forgiveness & compassion with your kids - those kids NEED you so very much.
All the best !
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