Legal Question in Criminal Law in Missouri

I was arrested for domestic assault 3rd degree. My girlfriend got an ex parte order against me. One day we started argueing about her cleaning, or lack there of. She got mad and While throwing mutiple objects at me She hit me I'm testicles with an unknown object(she says a piece of paper and a toothpick). It felt bigger. A glass of tea got spilt in the process, and she grabbed it quickly and threw the remaining contents in my face. I went to change shirts and she followed and While argueing in each others face she spit on me so I spit on her and she began slapping at me and while trying to block her, my arm hit her arm and caused her to hit her own mouth and swell her lip up. I wrapped my wey shirt around her head and let go. She then began beating me with my shirt. I took it from her and she turned around and picked up our 2 year old son and I just threw my shirt in her face. We continued arguing about how she got the fat lip. I said it her own fault and she said I did it when I threw my shirt in her face. We both went to make reports. She got there first and told the cops I struck her in the back of the head while she was holding our son and caused her mouth to bounce off his head. and when I got there I got arrested. Isn't she guilty of the same thing? Plus she admits that no matter how it happened it was accidental. She got ex parte and not so much trying to get a full order of protection but an upper hand in her trying to get temporary custody. I don't feel she fit to raise my son. I have many things to prove it. I work and she don't clean the house. And it a pig sty all the time. Got pictures. She didn't get up with her son in the morning sleeping till noon or after on most instances. Although I don't wanna split up, she does, and I don't feel like she deserves temporary custody or for my son to live with her full time. We are not married. We both abuse each other but don't beat on each other. I would like to try and make our family work thru counselling because my son deserves his family. And that is ultimately in his best interests right? Would the court order counselling before awarding temporary custody or even full custody?


Asked on 1/01/11, 9:34 pm

2 Answers from Attorneys
Anthony Smith LawSmith

Because you are not married, the court will not likely order any kind of couples counseling. But, once you both present your sides, they might order anger management classes for one or both of you. Even if she does not intend to appear for the hearing on the restraining order, you should. And you should have legal counsel with you. You ahve been accuswed of hitting yrou child's mother while he wa sin her arms. You need to defend that charge vigorously. Otherwise there is little chance of you getting custody of or unsupervised visitation with your Son.

Good luck

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Answered on 1/07/11, 9:23 am
Michael R. Nack Michael R. Nack, Attorney at Law

If you were not married to the child's mother when the child was born, and if there is no court Order giving you any custody rights then you have none, and you won't be awarded any in a hearing on any Adult Abuse Act or Child Protection Act case. The above Answer is correct. You should hire an attorney.

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Answered on 1/08/11, 1:14 pm


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