My question involves an injury that occurred in the state of: Florida.
A Domestic Violence assault that resulted in 11yo/F trying to hit step-dad off mom. He hit the child three times with fists. Mom grabbed pan & hit once in forehead to get him off her. In-laws show up. Make false statements protecting the step-dad to police.(he was intoxicated)
The only arrest made was to mom- Police state because dad called first and dad has bleeding injury to head (because alcohol thins blood).
Mom taken to jail in cuffs & police car. Officers leave 11yo victim alone with abusing step-dad, his father and two male officers. (step-dad does not have custody) no female officers in sight, no calls to dcf. Mom spends night in jail & 3 criminal charges pending.
1. If no one is bringing to light or charges upon step dad on the states attorneys end- what is a pro-se actions to bring charges?
2. If said female was diagnosed exactly a month later with a rare hemophilia called Von Willebrand disease and could have sustained life threatening injuries.
-diagnosis & discovery of disease made from Dr visit following DV- primary was curious about bruises all over legs (from step dad) & had routine labs done.
3. States attorney used bargaining 50/50 custody(4yo/M in common) with dad to drop all criminal charges- mom denied & refused.
-mom arrested pending criminal charges- she can't work now because she is a nurse.
-Full custody of kids awarded to mom-.
-5 months later- states attorney still will not file charges or take to trial.
-living with relatives, not able to return to marital home to get children's toys or clothes ordered by judge -(stepdad refuses anyone including judicial officers on property.)
-Attorney hired & paid $6,000 in full withdrew, breaching contract with no refund.
-$150/$75 consultation fee with other attorneys but no one will try to get money ("they have to work with him everyday") & quote $6G retainer.
-nurse making $46,000/yr modest salary now reduced to $200 a month cash assistance from gov. Support ordered and he refuses to pay. 9,000 in arrears.
-No money to hire anyone. What is the best defense plan?
history & doc of repeated acts of DV on mom. (he is 6'4 210)(she is 5'3 130)
dad has exceptional attorney.
No documentation in police reports of 11year old telling officers she was hit by him.
No breathalizer or alcohol test done to dad.
Officers were high school friends (13years difference in age of mom & dad)
No mention of self defense or any statements on police report by mom. (written statements were lost-3 pages of them)
NO attorney will be hired & used free legal services on an injunction two years prior so do not qualify.
Plan? Motion? First and most important to present? self litigant
1 Answer from Attorneys
As this question is old, I'm hoping you got an attorney in person to help you. Good luck.
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