Paternity of B.W., D.W. v T.P. [NFP] [In Ct App 2011]
In this case Mother attacked Father after he demanded the return of property she had taken from him. He called the police and ultimately she pled guity to a reduced charge.
Father obtained an ex parte civil order for protection against Mother on August 21, 2007. No hearing was held on the protective order, but the evidence presented at a later hearing established that Father sought the protective order after an altercation that occurred at his apartment when Mother came to pick up a child support check. After an argument with Father, Mother took a game set belonging to Father and attempted to leave with it. Father testified that when he tried to take the game back, Mother “jumped on” him and kicked him in the groin. [Tr. p. 165.] Mother denied attacking Father and testified that Father had grabbed her by the arm and tried to pull her out of her car, leaving bruises on her arm. Mother testified that she did not call the police because she did not want Father to get into trouble. Father, however, did contact the police and ultimately obtained a protective order, which Mother did not contest. Mother was also charged with criminal mischief and battery arising out of the same incident. She eventually pleaded guilty to criminal mischief, and the battery charge was dismissed.
Complete Opinion [PDF]
Paternity of B.W., D.W. v T.P. [NFP] [In Ct App 2011]
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