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[ARCHIVED THREAD] - Q for LE... (Page 1 of 2)

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3/4/2012 8:26:16 PM EDT
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.
3/4/2012 9:20:58 PM EDT
[#1]
Lawyers answer legal questions.
3/4/2012 9:47:26 PM EDT
[#2]
Umm that sounds like you are wanting to attempt to create a confrontation on purpose which probably isn't a good idea. I mean sure you may want to pepper spray you ex, but calling her names to get her to slap you and then spraying her while being video taped. Well that video tape would be good evidence you have planned this which would make you more liable I would think. How about you just stay away from your ex and forget about her and move on like a normal person But yeah you would need to consult a lawyer for a legal question like this.
3/4/2012 10:10:52 PM EDT
[#3]
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

If both of you wanted to press charges we'd take both of you to jail and let the DA's office sort it out.
3/4/2012 10:36:29 PM EDT
[#4]
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

If both of you wanted to press charges we'd take both of you to jail and let the DA's office sort it out.


This.  Mutual fight...I'm charging both of you.
3/4/2012 10:49:44 PM EDT
[#5]
Quoted:
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

If both of you wanted to press charges we'd take both of you to jail and let the DA's office sort it out.

This.  Mutual fight...I'm charging both of you.

Plus, two perps equals more arrest processing OT.
3/5/2012 12:18:49 AM EDT
[#6]
Well, the recorded contact is done every time for legal purposes. So planning isn't in the mix.

The name is her new name... So it's not done to cause a confrontation.
I'm just asking if I would be in the wrong if she attacks me.

As far as moving on, I have. But we are in the middle of a divorce/custody, so I do need to see her at times.


Pepper spray aside, calling a name like that and being attacked for it isn't appropriate or legal for her to do, as I understand it.
3/5/2012 12:19:19 AM EDT
[#7]
Quoted:
Quoted:
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

If both of you wanted to press charges we'd take both of you to jail and let the DA's office sort it out.

This.  Mutual fight...I'm charging both of you.

Plus, two perps equals more arrest processing OT.


Yummy yummy OT.
3/5/2012 1:32:08 AM EDT
[#8]
Swamp Donkey?

Anyway...don't go looking to "test" out your OC. Provoking a confrontation could possibly get you in hot water as well. Do you or have you lived together? Any kids together? Ever married? Then we may be dancing in the realm of DV and someone could go down for at least Domestic DC for what you're describing. Play it smart...let your ex be your ex.
3/5/2012 2:27:44 AM EDT
[#9]
Ex=domestic=threshold for someone going to jail is much lower.

Keep your mouth shut and be a grown up about it.
3/5/2012 3:43:32 AM EDT
[#10]
3/5/2012 3:53:35 AM EDT
[#11]
Familiarize yourself with the term "Primary Aggressor."
3/5/2012 3:58:00 AM EDT
[#12]
How about acting like an adult and NOT provoking a situation by calling each other names.
3/5/2012 7:06:31 AM EDT
[#14]
In addition to all the above....calling someone a name calculated or likely to provoke a violent or disorderly response....well....you could end up being charged even w/o the pepper spray.
3/5/2012 7:19:37 AM EDT
[#15]
Quoted:
Lawyers answer legal questions.


Yep.

How about don't instigate.

No charge for that advice.
3/5/2012 7:42:24 AM EDT
[#16]
First post answers your question.  
-Sleeper
3/5/2012 7:42:35 AM EDT
[#17]
First post answers your question.  
-Sleeper

ETA:  Sorry, keyboard was set to double tap... which is not what the OP should do.
3/5/2012 7:45:40 AM EDT
[#18]
...
3/5/2012 9:35:18 AM EDT
[#19]
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

I'd arrest you both to cover myself.

Bingo
3/5/2012 10:52:14 AM EDT
[#20]
Arrest you both for the win: Clean sweep!!


Etid:......ah shit beat by two posts
3/5/2012 10:59:38 AM EDT
[#21]
Mutual combatants
3/5/2012 11:00:27 AM EDT
[#22]
Is she hot?  
3/5/2012 11:02:25 AM EDT
[#23]
don't play stupid games with domestic violence!

why don't you just leave each other alone???

Not worth losing your gun rights.
3/5/2012 4:03:39 PM EDT
[#24]
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.


I have an stellar idea. Don't act like a 1st grader on the playground and grow up. Jeez.

J-

3/6/2012 3:15:48 AM EDT
[#25]
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.



This is actually all the detail I would need to arrest you. If you plan on provoking someone into assault just so you can "defend" yourself, you go in cuffs first.

This is offered without my opinion that it makes you no kind of man at all. Well, I guess I did offer it.
3/8/2012 4:15:03 PM EDT
[#26]
Dude the fact that you ask this on a gun forum means maybe you like your guns.  Your flirting with an idea that will get your gun rights terminated.  Think it thru
3/8/2012 5:26:26 PM EDT
[#27]
If things are that violatile, why risk a DV arrest?
Seriously, if its that bad, have every thing go threw an independent 3rd party
Not worth losing your gun rights over
3/9/2012 9:50:54 AM EDT
[#28]
Well, being that I am not at work and this isn't my call, I would tell you to grow the up and move on about your business.

Rise above and move on.  If you don't have better in your life to focus on, go get a hobby and walk away from this.  That fact you are recording is going to make anyone later on involved think this was premeditated.  

= me trying to stop cussing.
3/9/2012 1:27:29 PM EDT
[#29]
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.


If you play stupid games, don't be surprised when you win stupid prizes.

People aren't going to feel sorry for you for getting slapped if you are deliberately antagonizing the situation.
3/9/2012 6:12:47 PM EDT
[#30]
Doubt you'd be justified. Odds are you'd get arrested.
3/18/2012 12:02:09 PM EDT
[#31]



Quoted:



Quoted:


Quoted:

If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.


If both of you wanted to press charges we'd take both of you to jail and let the DA's office sort it out.





This.  Mutual fight...I'm charging both of you.



With a domestic enhancement.  Sure you might beat the charge but you certainly won't beat the ride.  On top of that your ex will have all she needs to get a protective order issued against you and you can kiss you 2A rights away.





 
3/18/2012 12:17:38 PM EDT
[#32]
She is an ex for a reason, have you forgotten? Stay away and move on. If you have kids with this ex keep the contact pleasant for your children, If you have no children then you would have no reason to be around her. It sounds to me as if your looking for a reason to continue somekind of contact with this person, and I will go back to my first statement " She is an ex for a reason ". Give me your email and I will send you the bill. SIDE NOTE I am not a lawyer but I did stay at a Holiday Inn last night.
3/18/2012 2:28:10 PM EDT
[#33]
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.

J-


Posted Via AR15.Com Mobile
3/18/2012 2:33:13 PM EDT
[#34]
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.
3/18/2012 3:45:25 PM EDT
[#35]
Just think of all the money he is going to save on Ammo and new guns!   Unless, he wants the whole EX Con in Possession of a firearm charge also.
3/18/2012 4:18:03 PM EDT
[#36]
Quoted:
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.


that was my thoughts too, no computer or wifi in jail, LMAO.

J-
3/18/2012 7:24:25 PM EDT
[#37]
It's whoever is the primary aggressor here.
3/18/2012 7:49:33 PM EDT
[#38]



Quoted:


It's whoever is the primary aggressor here.


That's not typically easy to determine.



 
3/19/2012 6:48:06 AM EDT
[#39]
Quoted:

Quoted:
It's whoever is the primary aggressor here.

That's not typically easy to determine.
 


Thats why you interview both parties and try to get as good a picture of whats going on as you can.
3/19/2012 8:52:08 PM EDT
[#40]
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?

Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.


I'd arrest you both to cover myself.


Family Plan FTW!!    Our PD won't discriminate - they'll take you both...
3/19/2012 11:58:25 PM EDT
[#41]
Quoted:
Quoted:
Quoted:
If I were to call my ex a descriptive name (swamp donkey) and she physically attacks me (ie. striking me), would I be justified in pepper spraying her in my defense?
Not looking to go to jail here. Details aside, I would cover my ass legally by recording the event.

I'd arrest you both to cover myself.

Family Plan FTW!!    Our PD won't discriminate - they'll take you both...

Same here.  CYA and take both.
3/28/2012 2:44:51 PM EDT
[#42]
Quoted:
Quoted:
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.


that was my thoughts too, no computer or wifi in jail, LMAO.

J-


Lack of free time. I'm short with the details for a reason...

Premeditated, no. Seeking confrontation, no. Just wondering if exchanging words could put me in the back of a shiny car if things went south. I'll just keep my mouth zipped and save myself the trouble of wondering. Yes, we do have a child together, so blocking her out is not going to happen.

Anyway, thanks for the advice.
3/29/2012 2:51:01 AM EDT
[#43]
Quoted:
Quoted:
Quoted:
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.


that was my thoughts too, no computer or wifi in jail, LMAO.

J-


Lack of free time. I'm short with the details for a reason...

Premeditated, no. Seeking confrontation, no. Just wondering if exchanging words could put me in the back of a shiny car if things went south. I'll just keep my mouth zipped and save myself the trouble of wondering. Yes, we do have a child together, so blocking her out is not going to happen.

Anyway, thanks for the advice.


OK, sorry but your original post is pretty much the definition of premeditation and confrontation seeking behavior, LMAO, ie, you came to a public forum, aired a plan (premeditation) to confront your ex by calling her a name, hoping that she would hit you so you could get it on tape (confrontation).

Great example for your kid.

J-

3/29/2012 4:29:01 AM EDT
[#44]
Go ahead and do it. Without things like this most of us wouldn't have jobs.
3/29/2012 7:32:28 PM EDT
[#45]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.


that was my thoughts too, no computer or wifi in jail, LMAO.

J-



Lack of free time. I'm short with the details for a reason...

Premeditated, no. Seeking confrontation, no. Just wondering if exchanging words could put me in the back of a shiny car if things went south. I'll just keep my mouth zipped and save myself the trouble of wondering. Yes, we do have a child together, so blocking her out is not going to happen.

Anyway, thanks for the advice.


OK, sorry but your original post is pretty much the definition of premeditation and confrontation seeking behavior, LMAO, ie, you came to a public forum, aired a plan (premeditation) to confront your ex by calling her a name, hoping that she would hit you so you could get it on tape (confrontation).

Great example for your kid.

J-



No, I was asking if I were to insult her (before or after she insults me), if that would affect me in a negative way, should she choose to attack me and I defend myself. Not a "plan." Only a question on remaing in the clear.

If she attacks me, without prompt, in that scenario I know I am ok to defend myself. I did nothing wrong.
However, if words were exchanged, defending myself appears to be a poor choice... From the responses here, I could be arrested/charged too.

I'm not looking to create a bad situation, just interested in understanding my options should one occur.

Eta: I'm not hoping for any violence. I never said that.
3/30/2012 4:45:08 AM EDT
[#46]
Defend? Yes.

Counter-attack? No.

In the heat of the moment, it becomes a very fine line between the two.

The fact your contemplating it at all should be telling you to just avoid the situation entirely. The additional fact that you plan on recording it, only will go to show you were planning on a confrontation.

When (not if) you lose, you'll end up losing your firearms forever.

But hey, at least you'll get to call her a name.
3/30/2012 5:28:36 AM EDT
[#47]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
wonder why the op has not been back to update or thank us for our suggestions and advice?  lol.
J-

Probably in jail on a DV charge.


that was my thoughts too, no computer or wifi in jail, LMAO.

J-



Lack of free time. I'm short with the details for a reason...

Premeditated, no. Seeking confrontation, no. Just wondering if exchanging words could put me in the back of a shiny car if things went south. I'll just keep my mouth zipped and save myself the trouble of wondering. Yes, we do have a child together, so blocking her out is not going to happen.

Anyway, thanks for the advice.


OK, sorry but your original post is pretty much the definition of premeditation and confrontation seeking behavior, LMAO, ie, you came to a public forum, aired a plan (premeditation) to confront your ex by calling her a name, hoping that she would hit you so you could get it on tape (confrontation).

Great example for your kid.

J-



No, I was asking if I were to insult her (before or after she insults me), if that would affect me in a negative way, should she choose to attack me and I defend myself. Not a "plan." Only a question on remaing in the clear.

If she attacks me, without prompt, in that scenario I know I am ok to defend myself. I did nothing wrong.
However, if words were exchanged, defending myself appears to be a poor choice... From the responses here, I could be arrested/charged too.

I'm not looking to create a bad situation, just interested in understanding my options should one occur.

Eta: I'm not hoping for any violence. I never said that.


oooookkkkkkk

J-
4/1/2012 8:29:39 PM EDT
[#48]
meet in public.

McDonalds is a great place to trade child custody.  Parents are motivated to behave due to all the witnesses, kid gets some fries and doesn't see parents acting like idiots.  Win Win.  If it's not in the papers, I would suggest getting it done.  If you have to come in here with these questions, I think you guys are a great case/example of folks that should only meet in a very public place.  

Good luck.
4/2/2012 5:00:01 AM EDT
[#49]
Quoted:
meet in public.

McDonalds is a great place to trade child custody.  Parents are motivated to behave due to all the witnesses, kid gets some fries and doesn't see parents acting like idiots.  Win Win.  If it's not in the papers, I would suggest getting it done.  If you have to come in here with these questions, I think you guys are a great case/example of folks that should only meet in a very public place.  

Good luck.


Police station is better. McD's is  a public place, but if something goes sour during the exchange, still noone there who can weed through the "he said/ she said" issues. Not like you can corral all the other diners to bring them in as witnesses.

4/2/2012 7:37:43 AM EDT
[#50]
Quoted:
Quoted:
meet in public.
McDonalds is a great place to trade child custody.  Parents are motivated to behave due to all the witnesses, kid gets some fries and doesn't see parents acting like idiots.  Win Win.  If it's not in the papers, I would suggest getting it done.  If you have to come in here with these questions, I think you guys are a great case/example of folks that should only meet in a very public place.  
Good luck.

Police station is better.

The lobby of our precinct on a Sunday afternoon is non stop kid exchanges.
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[ARCHIVED THREAD] - Q for LE... (Page 1 of 2)