View Full Version : Other How should I deal with a denuncia we've received?
My husband has just been issued with a denucia by the people living in the apartment above us. this was for an incident that happened May 2011 To cut a long story short,we came home one night to find a waterfall cascading onto our terrace from 2 rugs which the girls had put over their terrace wall the table,chairs,cushions etc were saturated! My OH went upstairs knocked on the door when they opened it he went in and took the rugs off the wall but when he went to leave one of the girls actually grabbed hold of him. The girl is now saying that he assaulted her. We have had the denucia translated and the lies she has told are unbelievable. We have a court date next month does anyone know what we need to do now.We have a translator but do we need a lawyer as we have not given our side of the story. We would be most gratful for any help out there.
Thanks
My husband has just been issued with a denucia by the people living in the apartment above us. this was for an incident that happened May 2011 To cut a long story short,we came home one night to find a waterfall cascading onto our terrace from 2 rugs which the girls had put over their terrace wall the table,chairs,cushions etc were saturated! My OH went upstairs knocked on the door when they opened it he went in and took the rugs off the wall but when he went to leave one of the girls actually grabbed hold of him. The girl is now saying that he assaulted her. We have had the denucia translated and the lies she has told are unbelievable. We have a court date next month does anyone know what we need to do now.We have a translator but do we need a lawyer as we have not given our side of the story. We would be most gratful for any help out there.
Thanks
This doesn't sound right at all! Have these girls conjured up a witness or something? Were the Police called at the time? people can't start accusing others of assault just like that! I am sure someone on here could help with the legal side! Good luck!
Yes police were called although we didn't know that at the time as we went out to meet some friends. They came the next morning but my OH was at work. I told them I would ring him and get him to come home as he was only working around the corner. they said it didn't matter they would come back later when he was in. in the meantime they took his passport details etc. they never came back. At the end of the day its the girls word against my OH's
Personally CeeCee I think it might have been best if your OH did not force his way into their property! Easy said in hindsight as he was probably absolutely fuming at the time. I hope you can get it sorted! Not that it really makes much difference but what nationality are these girls?
Agreed. But he did go back about 10 mins later to apologise for entering apartment but they just 'went off on one' so he came away.
I would of also gone off on one if some guy had walked into my apartment uninvited.
I would of possibly hit him over the head with something hard.
Just saying.
Go to the Police station to see which court has the case and put your story in before it goes to court
Good Luck and please inform your husband that next time something happens he doesn't like, kindly ask them to please remove the wet rugs, sheets, blankets etc etc before trapsing into other peoples houses
I think you should approach a Criminal Lawyer about this - if the judge is sympathetic to the girls' story, it could go against your OH so you need someone to be able to pick holes in their testimony (people who concoct stuff often trip themselves up on retelling it).
EDIT - I should add that I agree with 9PLUS - I would have denounced a man if he barged into my apartment uninvited.
We have had months of asking them not to do things ie Cigarettes thrown onto terrace numerous holes burnt through canopy,table,chair cushions. we got a friend to write 2 polite notes regarding same - All to no avail. The water was final straw especially as they were both laughing about it.We do realize my OH shouldn't have gone into apartment but he didn't excately barge
in he walked with the girls to the terrace (no excuse, I know)
Call the Police
Call them what? It is a well known fact that the Local Police would rather swan about on their bikes, calling here, there and everywhere for a coffee than get involved with any criminal activity. What would that have achieved?
This happened in May 2011. How can this happen 10 months later? Why wasnt the denuncia applied for then? How long can you take to carry out a denuncia?
I had a massive argument on our complex 3 years ago. Am I in my rights to denounce them?
Can anyone clarify the law?
unfortunately ceecee your hubby has played right in to their hands, all you can do is do a bit of groveling and plead insanity, leave it a few months then arrange a night out with friends as an alibi and get someone to trash their apartment, then sit on your balcony and laff very loudly;)
I would try to make a list of i9ncidents, damage caused etc
Mention Witnesses letters sent, add it all up
and plead provocation following harrassment.
This looks like small minds laughing at others to see what happens.
Pending Legal advice, I would consider also getting a Denuncia against Them.
What do You have to lose.
Legal advice is a must unfortunately.
Good luck
Call them what? It is a well known fact that the Local Police would rather swan about on their bikes, calling here, there and everywhere for a coffee than get involved with any criminal activity. T
Call the National Police or make a D in the National Police.
timmylish
31-03-2012, 00:45
My impression is that you and your OH seem to regard this incident as having been perpetrated by the people above, whereas, in fact and in law, he committed a serious criminal act by entering someone else,s home uninvited and thereafter never making himself available for interview when asked to do so. Now had it been me (and there is no way I would have committed this offence) after the police called at your home you have made no effort then to make contact with the said officers. One thing compounds the other. You clearly are unable to see this, unfortunately. Your comments regarding the police just show, to all and sundry, your regard towards the police. This is really going to cause you further attitude problems. So, this incident happened 11 months ago. So what? If you are Brits or Irish you know full well that criminal charged can be made against persons years later so what makes Spain different? In any event the girls probably did make a Denuncia at the time. The Courts are only now getting round to dealing with this case.
Now. How do you try to sort this out. Well, a few comments made are correct but a few are so stupid as to get you further in the mire. But to put the matter to bed you must instruct criminal lawyers immediately. It matters not if you have to go to your jobs on Monday, this takes precedent quite simply because this could end up being a custodial sentence in the absence of you getting your side of the story over to the Court. That in itself will be a major challenge. You must tell that lawyer everything, not your version of events but the whole truth and also tell him about the previous history of a dispute in the same complex which, if you don,t tell the lawyer and it comes up in evidence, to support the girls claims, your lawyer will have to admit defeat and seek clemency. That is a very weak start off position!
Clearly you will not like what I,m saying and I fully expect an explosion but at some stage you are going to have to face the reality of the situation and the possible consequences. I will wish you good luck but I,m not sure you are entitled to that. Oh, and as to the riot you had 3 years ago, of course you cannot make a Denuncia now, it has to be made as near to the time of that dispute, like the girls have done in your case.1
Good post Timmy, Ceecee i think you would be very wise to take Timmys advice, what youve told us does not look good for you, I know i wouldnt be happy with anyone just walking into my apartment and doing what he did, i think there would have been more of a commotion, and just another thought would your husband still have done the same had it been a man and a women in the apartment and not just two girls?
Ceecee there are enough comments and opinions on here to frighten the living daylights out of you! so just get to a Lawyer first thing Monday morning! I did ask in my earlier post what nationality the girls are I now assume they are Spanish.
The police came next morning OH at work so told police I would phone him and get him to come home.they said don't bother they would come back at 1pm when he was due home for lunch They didn't turn up.They did take details off his passport., and yes we are legal residents
YOUNG GOLFER
31-03-2012, 12:45
The police came next morning OH at work so told police I would phone him and get him to come home.they said don't bother they would come back at 1pm when he was due home for lunch They didn't turn up.They did take details off his passport., and yes we are legal residents
Like the rest of the guys on here i agree what your husband did was silly he should of not taken the law into his own hands....now what the girls have done over the past might not of been nice but these things won't matter when you are in court.
The court will hear that a man walked into a apartment angry where two girls live and that's what they will judge your husbands actions on..and sorry to say it does not look good.
Sorry if you feel this is not the sought of support you would like to hear from forum members but again a foolish thing to do.
The best thing for you to do is seek out a Lawyer ASAP and try and put your case across to the judge ...taking a translator will not really help in fact if you just go with only a translator the chances are you will NOT be able to give your side of the story the judge will see this person as someone who can speak spanish but that's about it.... and my bet is this translator will only be used to confirm your husbands name and details.
You husband could maybe try and contact the two girls and say he is very sorry for what he did and just maybe they might drop charges it could be worth a try.
But the facts are a couple of dripping rugs are not really a good enough reason to burst into someones home there are other ways to deal with problems like this like contacting the community and putting in a complaint or ringing the Police and ask them to pop round to chat with the girls.
As for the Police not coming back at 1pm it's not for them to return when it suits your husband to be at home.....they went there for details of his passport and that's what they got they did the job they were sent to do.
It's a shame you are in this situation and it can't be nice reading the replies on here but this case would be the same in the UK you can't just enter into someones home angry or not.
Please ring a lawyer and try to sort out this mess....... and maybe try and contact the ladies and tell them your husband has made a huge mistake and you are both very sorry......it might not work but worth a try.
I understand you have come on here for help but that's all i can really say.
What would be of help to CeeCee if anyone could recommend a good Criminal Lawyer that speaks English!
YOUNG GOLFER
31-03-2012, 13:10
See if this works.
http://www.tenerifeislandrentals.com/userfiles/file/Tenerife_Lawyers_20090116.pdf
timmylish
31-03-2012, 16:49
Let me make this very, very clear. My understanding of this is that this is a criminal matter and as a consequence it is not up to the girls to take ANY action, it is the decision of the prosecutor (police) and ultimately, the Court. Make no contact with these girls under any circumstances (excepting bumping into them in communal areas) as it will be seen as interference with due process!
If I could add to Timmy's comments, In the meantime if these girls offend again take photos if possible of any damage and call the police immediately. Oh! and tie OH up in a chair!:wink:
TenerifePool
31-03-2012, 21:58
Firstly the girls would have made the denuncia at the time. The police would have only visited to confirm your husband's identity. It has taken this long simply because the Spanish system is slow.
The fact that your husband was not arrested on the days following the denuncia and placed in front of a judge for "juicio rapido" where bail conditions etc would have been set, is an indication that it is not considered a serious matter. On the summons does it say juicio de falta or delito.
Contrary to popular belief the Spanish Constitution guarantees you the right to the presumption of innocence. You also have the right to free legal representation and, if Spanish isn't your first language to a free translator. A friend who speaks spanish will not be allowed to speak for you during the hearing unless he is a qualified and registered official translator.
If cash is no problem sort out the lawyer and translator ASAP. If you wish to take advantage of your right to free representation and translation, take your Spanish speaking friend to the court detailed on the summons quoting the case number, and inform them that you will require an Abogado de Officio and a Traductor. The court clerk will advise you when you will meet them, probably an hour or so before the hearing.
Remember you are your husband's best (and only) witness so you absolutely MUST be there on the day. Get your stories straight, write everything down to show your lawyer.
DJ Dangerous
31-03-2012, 23:29
Well put, TP.
I've recently been to court twice with somebody who has been assaulted and threatened, and both times the accused has walked away laughing, due to "insufficient evidence" and "lack of witnesses".
Since there are two girls and I presume your husband was alone when he trespassed, that's not going to happen this time - there ARE sufficient witnesses.
Get a lawyer and start hoping for the best.
In the interim of the Court hearing I would also try and collate as much evidence to discredit these two girls!
junglejim
01-04-2012, 19:22
I think the best thing here is to close this thread as some of the comments are getting silly -the OP has received some good advice on getting representation - the rest is just spurios noise -CLOSE THE THREAD -PLEASE!!
To the OP - IF you need a criminal lawyer who speaks English then come to our office on Tuesday. We have an independant lawyer who speaks English, German and of course Spanish. Her main office is in Santa Cruz but works from our office n Tuesday and THursday. It might also help that it is a female representing you. At the very least you need a lawyer to ascertain exactly what the allegations are and she can then advise on what options you have. Taking a "friend" along as a translator is the worse thing you can possible do, unless they are an official translator and even then can not properly represent you in front of a judge. PM me if you want her details.
Agreed how do I close it?
Ask a mod CeeCee. :goodluck:
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