Legal Question in Family Law in Virginia
Assault
My exboyfriend also the father of my son had to warrants out for his arrest for assault. One was a burner incident where he turned on the burner and pushed my hands toward the stove but said no I wouldnt do that and we both went to the ground. When I recently visited with him for him to see his son he made me tape record about that incident I told him I didnt want to do it but he kept begging and pleading. Now I think the tape hurt my case because of the questions he was asking. He asked like if the stove turns on with just a slight touch and I said yes. He asked my if I thought he did it on purpose and I said I dunno. He kept saying after he did it he didnt do it on purpose so I dont know...I did say he forced them to teh burner but he asked once it get red didnt I stop and I said yes. i think this tape may have hurt my case I am trying to get sole custody also. What do you think?
1 Answer from Attorneys
Re: Assault
Given the fact that the father is appparently now criminally charged with assault, I doubt that any manipulated admissions which he may have succeeded in extracting from you on tape under coercive circumstances will have much positive impact on his efforts to defeat your case for sole custody.
In other words, I doubt that you have much to be concerned about regarding the possible effects of this tape on your custody case. In fact, it could well backfire on him in any number of ways which he hasn't even considered which very likely would prove to be a plus for you.