The forums solution to everything was to uninstall the game and patch, and reinstall. After doing this 3 times, and deleting my saved files each time, and the same thing happening over and over again, I tried something else. I noticed that every time the game froze it was while the controller was vibrating. So, I went into options and disabled the vibrate function. So far this has stopped the menu popping up. This also disabled the freezing issues I was having every time I tried to pick a lock as well.
So, if you are having this problem, until they patch it properly, try disabling vibrate on your controller.
Also, for anyone wondering:
Controller was the one that came with the ps3, sony brand, dual shock 3 wireless controller. Nothing fancy, no mods, etc. Just basic, came with system controller. No magic or hexes involved.
And, I checked, had nothing to do with the battery level on the remote either.
