Complex situation

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Latest post 01-28-2012 10:37 PM by Cica. 19 replies.
  • 01-24-2012 5:15 PM

    Complex situation

    I am 49 years old.  5 years ago I was in graduate school for my masters.  My parents had agreed to keep some of my belongings in their home, things I could not hold in my 10' x 10' room far away in college.

    I came to their home on a bus on a college holiday for one week March 2007.  About 3 days before date to return my mother threatened me with scissors overhead as if to stab me.  She exclaimed "you ruined my life".  She has been very upset by my midlife career change to architecture from the cabinetry industry and the help I needed  Bottom line, they wanted to be rid of me entirely when I was a youngster, they could care less if they ever saw me again.  They could care less how I was doing, never asked about me, nothing........ finished........from an early age......they made my high school GIVE AWAY MY 4 YEAR SCHOLARSHIP TO COLLEGE.  I spent the rest of my life fighting for bits and pieces of an education until I could achieve my masters degree (in a career the economy does not support now - architecture).

    I went to neighbors and friends of the family asking them if they would speak to my parents, to get them to think clearly about what they were doing.  Please understand that my parents watch WWF wrestling every night for 30 years plus, they love violence and scream for it every night of the week without exception.  They have told me I need to learn how to steal, "but don't get caught doing it".  I avoided her best I could.  In 1982, my father had beat me, cracking my skull open into blood on the ground at the gas station in front of customers, I was going to college and did not dare say anything so I could continue school. 

    The second assault came, more enthusiastic than ever my mother pulled out a 12" knife from a kitchen drawer.  She aimed it toward me, snickering, she said she was going to "gut" me, totally unprovoked, that they would go on with their lying, threats and deceit because they simply had the power to do it, no other reason.  Neighbors and family friends said they would not help me (I have witnesses if this is ever investigated further but they may not talk being my parent's friends), that my parents threw great parties and that they wouldn't miss them for anything, not for me.  I avoided her best I could, it was almost time to take the bus back.

    The day before the bus left, I was standing in the kitchen eating a leftover, looking outside the window, my mother knew I did not know she was behind me in the distance.  I guess she started running barefoot and tackled me, caught me by total surprise.  I almost fell down, looked back at her, she was sneeing at me like a wild animal, hissing and making animal noises, never uttering a human word.  I know its un-scientific for a factual report to say it appeared demonic, but I have to say it was as demonic as it comes.  I asked her what all this was about and she just kept hissing like a wild animal.

    I thought it best to escape, I went out the door to the garage, grabbed my spare bicycle and started bicycling frantically to work off the emotions.  I peedled over an hour int exhaustion and went into a bicycle crash from the exhaustion, I had flown over the handlebars, rolling serval times on the concrete sidewalk and into a concret telephone pole with my left shoulder.  30 years of fighting against the family tradition of steling from customers at my parent's gas stations and transmission service and then the struggle to get an education in one the toughest professions out there - architecture.  A hatred for education, a hatred for speaking English, for pronunciation even after 45 years of being in this country. 

    I have spent the last 5 years in constant medical care out of pocket, I braved graduate school without insurance to save money. I have suffered deep depression for years, witnessed by my doctor and noted in writing.  I lost job opportunites both in architecture when still going and teaching at night too.  I can document direct expenses easily at $19,000 but the permanent emotional scarring and lost wages total far over that.  I would have not had this induced collision if it were not for the shock of attacks 3 days in a row. 

    Make no mistake I was badly injured, no broken bones but stretch ligaments in abundance.  I had smahed my knee to the ground coming offf the bicycle, my kneecap went sideways and tore soft tissue, my knee was twisted.  my left shoulder got seperated that the ac joint.  It has taken 5 years to be able to bring the pain down.  About one year of walking with a very bad knee while finishing up the last year in grad school I kicked a brick wall in anguish, all the post traumatic pain still left inside.  A major part of my recovery has been healing that left foot along with the other injuries.

    Afterwards my fathers exact words were "I am so glad you had the accident" ( they had purposely pushed me to the limit so that I would hurt myself, they had wanted it.  And he went on "  I so hope the doctor amputates your leg.  I had told him that my leg literally felt in two pieces, that it had come apart at the knee.

    They became very happy from then on, very proud of their ability to hurt and get away with it.  I thought alot about calling the police on that college break.  Architecture school has no mercy for falling out of the program for sickness, injury or anything else.  One of the toughest programs around.  I just went back to school.  I now had an unknown amount of medical bills to pay out of pocket and who knows for how long and if I will ever heal or work again.  I spent years in depression, hiding in my room until I could heal emotionally enough.  I took a low paying part-time job in retail and have continued studying for my architectural license exams.  I have consulted a couple of lawyers in the past who gave me no hope and so I almost gave up.

    THEN, in trying to tell my parents what happened, what I am going through, all the doctors I am seeing.  They arrogantly, and with a snicker said they were going to attack me again !!!!!  They were very proud of it and sure of themselves, invincible looking.  This was the last straw, I jumped in my car and went to the police, who found my story hard to believe, treated me sarcastically, did not want to hear ANYTHING background to this story, doubted me all the way, were unfriendly but did write a report and did give me papers to file for a misdeameanor.  I have not filed those papers yet.  I wanted to know if If I could file for more than misdeamenor.  I want to recover medical expenses, suffering and lost wages.  I am not looking for "leaching", I am looking for true justice against true evil, wrongful injury.

  • 01-24-2012 5:27 PM In reply to

    Re: Complex situation

    You do understand that you're posting on a legal message board and you're supposed to be ... asking a general question about a legal issue.  :)  Quite a bit too much extraneous detail/commentary there.  You might want to re-read that with an objective eye; I hope you'd agree it's more than a bit ... odd.

    This doesn't involve a criminal law issue as such.  That said, if you want to pursue charges, you call the police.  Just understand that it's up to a prosecutor to decide whether to prosecute.

    "A hatred for education, a hatred for speaking English, for pronunciation even after 45 years of being in this country."

    And I gather it's never once occurred to you that ... you don't have to live here, or speak English for that matter.

    Even if you had said you were only 21, I'd tell you to ... move.  :)  Your age is probably one reason why the police had a problem believing what I'm sure was a very long, convoluted story.

    "I have suffered deep depression for years, witnessed by my doctor and noted in writing."

    No offense intended, but it definitely sounds as though you need to switch doctors.

    "I want to recover medical expenses, suffering and lost wages.  I am not looking for "leaching", I am looking for true justice against true evil, wrongful injury."

    You haven't said anything to indicate that you've not waited far too long to pursue your parents for damages related to any assault.  Naturally, you'd discuss that with a personal injury attorney or two, but if I were you, I'd move on and cut ties with your parents and not waste any more time thinking about this.  You've wasted decades already.  Discuss with your doctor.

  • 01-24-2012 6:48 PM In reply to

    Re: Complex situation

    "A hatred for education, a hatred for speaking English, for pronunciation even after 45 years of being in this country." (them, not me, I stand for the noble principles this country was founded on).

    I meant it to say that this is their stance.  I have posted some time ago on this site and did also get some insensitive feedback then too.  I guess this is my lesson about life (current life in these times anyways), that there is little mercy, no matter how noble your pursuits or intentions, the bad guys have plenty of people who support them.  Kindness and compassion in short supply.

    I note you are a "consumer" too.  You reply is less than kind.  I did try to be concise, but this event was the peak accrual of a life of struggle.  Perhaps education was either of a lesser length for you or easier to obtain?  You feel things need to become even harder for me, that I must have been slacking off in life, or simply "too bad for the cards you were dealt".

    In any event, I guess there are those on these sites that feed on others struggle and maybe you get pleasure from condescending remarks like I need another doctor or I don't get this or that.  I seriously doubt that you are smarter than I am, but I do not doubt your capacity for cold remarks.

    Here's to a better world with more decent human beings, I do meet them, I do know they exist, I will keep searching, anybody else?

     

  • 01-24-2012 6:51 PM In reply to

    Re: Complex situation

    Designeer:
    5 years ago. . .  

    The statute of limitations for misdemeanors in FL is 2 years which obviously has expired.  The statute of limitations for a felony is 3 years, also long expired.

    Designeer:
    I want to recover medical expenses, suffering and lost wages.

    The statute of limitations for civil torts either in negligent personal injury or an intentional tort is 4 years in FL, which has also obviously run out.  With that said, even if you could still sue, you could NOT include any injury you sustained as a result of riding the bike and crashing.  They didn't do that--it was a result of your own actions and not remotely foreseeable.  Just as had you ridden the bike and been hit by a car while in the bike lane, it would be that driver who would be liable, NOT your parents. 

    Designeer:
    I am looking for true justice against true evil, wrongful injury.

    You waited too long to do anything so now your only option is to move on.

  • 01-24-2012 6:57 PM In reply to

    Re: Complex situation

    Designeer:
    I have posted some time ago on this site and did also get some insensitive feedback then too.

    I went back and read that thread and no one was insensitive to you, myself included.  The problem you have is that you aren't getting the answers you want.  Unfortunately no one can do that.  When you posted two years ago you were encouraged to speak to a personal injury attorney then.  Did you do so?

    Given that the statutes have tolled as Gemini said and that it would be extremely difficult to prove a case your best option is to move on from this.  It is highly unlikely you will find the justice you seek in the courts.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-24-2012 7:05 PM In reply to

    Re: Complex situation

    Dear Gemini47,

    Thank you very much for your reply.  It was very factual, and human.  I find that I communicated poorly, in the last paragraph starting with "THEN", I should have mentioned the new attack threat and the trip to report it to the police station was recent, about 2 months ago (I am tired tonight).  The police seem to indicate I could file for a misdemeanor right now (sorry, I know this clarification changes everything).

    Could I approach the law again and tell them about the whole ordeal now and why I did not report it sooner.  (Even though the police did not believe me recently)  This is the whole reason I am seeking legal advice.  I may need  a lawyer to push them to listen?

    Thank you everyone for your advice in this matter,

    D

     

  • 01-24-2012 7:21 PM In reply to

    Re: Complex situation

    Designeer:
    Could I approach the law again and tell them about the whole ordeal now and why I did not report it sooner.  (Even though the police did not believe me recently)

    You can but it does not change the issue that the DA is time barred from pursuing any misdemeanor events from two years or more ago and any felonies that are 3 years or older. 

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-24-2012 7:24 PM In reply to

    Re: Complex situation

    Designeer:
    I should have mentioned the new attack threat and the trip to report it to the police station was recent, about 2 months ago (I am tired tonight).  The police seem to indicate I could file for a misdemeanor right now (sorry, I know this clarification changes everything).

     

    You can then certainly file a report on the recent "threat" but in all candor I wouldn't expect it to go anywhere.  Since the prior incident was never reported, it's old news and neither the cops nor the prosecutor will give it any credence.  As a former prosecutor, although not in FL, I can tell you what I would think--you're 49 years old.  That makes your parents likely well into their 60's if not 70 years old.  A jury isn't going to buy that a 60-70+ year old woman attacked her son for no reason.  Frankly, if they were to say you attacked them, that's more plausible and should they called the cops, that is who the cops will believe.  If you're living with them, time to move out.  That you would live there if they're threatening you makes it all the more unlikely that you really feel threatened.  You're a grown up, you can leave.  If you're not living with them, there's no reason for you to go over to their home when they obviously don't want you there and since you indicate all the incidents took place at their home, by going over there, you'd be making the case for the defense that you really didn't consider it a threat...Move on.

  • 01-24-2012 7:27 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 4,709

    Re: Complex situation

    You state that you are 49 years old. Your parents are in their late sixties or early seventies?

    What kind of assets do your parents really have? I would imagine that they are retired and perhaps living on their Social Security benefits? Even if you got a judgment against them (and that is improbable for other reasons), SS payments cannot be garnished to pay civil judgments. Do they really own anything of real value?

    You can file that paperwork, but even if the authorities charge one or both of your parents with misdemeanors, that would not entitle you to civil damages. Moreover, given their probable ages, I don't see jail time in their future, even if convicted, especially if neither parent has never had any prior involvement with the criminal justice system. The authorities are not going to want to stick to two elderly people in their local jail with a bunch of other much younger, often drug addicted, and, in some instances, very violent people. Moreover, at their probable ages, they likely have some medical issues that the state would have to take care of were they to be incacerated. Most states and counties have enough trouble attending to the medical needs of their much younger inmates. They probably would not want to see two elderly people with diabetes or high blood pressure or Parkinson's or whatever coming into the system. Most judges know the score as well and probably would not put them there.

    I hate to say this, but I do not see the legal system as providing you with any real remedy for your issues with your parents. As others have suggested, you probably just need to move on and out. Sometimes the only solution to dealing with toxic people is to just put as much distance between yourself and those people.

     

  • 01-24-2012 7:49 PM In reply to

    Re: Complex situation

    Thank you everyone for your time and consideration.  I am going to step back and reflect on your counsel.  I am especially grateful for the candor that was still expressed with grace.....of former prosecutor Gemini47.  At some point I will find "closure" and move on. 

    Thank you sincerely.

  • 01-24-2012 7:52 PM In reply to

    • Mt_Fuji
      Consumer
    • Top 500 Contributor
    • Joined on 07-08-2011
    • IL
    • Posts 75

    Re: Complex situation

    "A jury isn't going to buy that a 60-70+ year old woman attacked her son for no reason."

    Why not? Elderly people commit violence all the time. Go listen to the news. And, if an elderly person has a knife or a gun, then being elderly isn't going to be that much of a hindrance to carrying out an attack.

    "Frankly, if they were to say you attacked them, that's more plausible and should they called the cops, that is who the cops will believe."

    If the victim has bruises on his body and the attacker has no bruises on *his* body, then there will be physical evidence as to who's the victim and who's the attacker.

    "If you're living with them, time to move out. That you would live there if they're threatening you makes it all the more unlikely that you really feel threatened."

    In light of the domestic violence that goes on in this country, I find that statement to be very dangerous. There are many victims of domestic violence who continue to live with the perpetrators and who, for one reason or another, can't leave. Maybe the victim is afraid that more violence would occur if the victim tried to leave and failed. Maybe the victim has a poor financial situation.

     

  • 01-24-2012 8:07 PM In reply to

    Re: Complex situation

    Mt_Fuji:

    In light of the domestic violence that goes on in this country, I find that statement to be very dangerous. There are many victims of domestic violence who continue to live with the perpetrators and who, for one reason or another, can't leave. Maybe the victim is afraid that more violence would occur if the victim tried to leave and failed. Maybe the victim has a poor financial situation.

    I've handled tens of hundreds of domestic violence cases both as a prosecutor and a defense attorney.  This is not that.  He's not a woman with small children who can't find or see a way out--he's a grown man who is choosing to be around people he claims are threatening him.  The two situations couldn't be more different.  Don't start supposing things that aren't in the facts.  He clearly was living away from them and the first attack he mentioned 5 years ago occurred while he was visiting them, AND he left.  This last incident he mentioned, he left and went to the police station.  He waited 2 months to report it and nobody stopped him from leaving.  He is not a 5'2, 105# woman who is trapped because her 6', 200# husband has taken away her cell, pulled the landline out of the wall and is blocking her from getting out the door after bloodying her lip and who pulled out chunks of her hair when he threw her around.   

  • 01-24-2012 8:08 PM In reply to

    Re: Complex situation

    Mt_Fuji:

    In light of the domestic violence that goes on in this country, I find that statement to be very dangerous. There are many victims of domestic violence who continue to live with the perpetrators and who, for one reason or another, can't leave. Maybe the victim is afraid that more violence would occur if the victim tried to leave and failed. Maybe the victim has a poor financial situation.

    I've handled tens of hundreds of domestic violence cases both as a prosecutor and a defense attorney.  This is not that.  He's not a woman with small children who can't find or see a way out--he's a grown man who is choosing to be around people he claims are threatening him.  The two situations couldn't be more different.  Don't start supposing things that aren't in the facts.  He clearly was living away from them and the first attack he mentioned 5 years ago occurred while he was visiting them, AND he left.  This last incident he mentioned, he left and went to the police station.  He waited 2 months to report it and nobody stopped him from leaving.  He is not a 5'2, 105# woman who is trapped because her 6', 200# husband has taken away her cell, pulled the landline out of the wall and is blocking her from getting out the door after bloodying her lip and who pulled out chunks of her hair when he threw her around.   

  • 01-24-2012 8:08 PM In reply to

    Re: Complex situation

    Mt_Fuji:

    In light of the domestic violence that goes on in this country, I find that statement to be very dangerous. There are many victims of domestic violence who continue to live with the perpetrators and who, for one reason or another, can't leave. Maybe the victim is afraid that more violence would occur if the victim tried to leave and failed. Maybe the victim has a poor financial situation.

    I've handled tens of hundreds of domestic violence cases both as a prosecutor and a defense attorney.  This is not that.  He's not a woman with small children who can't find or see a way out--he's a grown man who is choosing to be around people he claims are threatening him.  The two situations couldn't be more different.  Don't start supposing things that aren't in the facts.  He clearly was living away from them and the first attack he mentioned 5 years ago occurred while he was visiting them, AND he left.  This last incident he mentioned, he left and went to the police station.  He waited 2 months to report it and nobody stopped him from leaving.  He is not a 5'2, 105# woman who is trapped because her 6', 200# husband has taken away her cell, pulled the landline out of the wall and is blocking her from getting out the door after bloodying her lip and who pulled out chunks of her hair when he threw her around.   

  • 01-24-2012 8:46 PM In reply to

    Re: Complex situation

    @Mt_Fuji - Poor financial situation, remaining injuries, remaining treatments to be paid cash, few prospects for architectural employment, few career transitions possible, thank you for picking up on this and believing the potential is there that even older people can and will attack, especially after having done what they did for a lifetime and have not gotten caught yet.  Architecture is the hardest hit profession in this economy to top everything off.  Hard to even get a job AutoCAD drafting anything.  I work 29 hours/week at $9.85/hr at a retail center, study the rest of the time for architectural license in case we rebuild as a nation, my lifetime effort will not be lost.

    Doing the best that I can everyday, thank you everyone.

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