Domestic Violence case, can the Domestic violence charge be reversed in court?
Husband got charged with Domestic Violence charge and Malicious Mischief from unintentionally pulling out a few strands of hair when he yanked the phone away from me and then threw my phone down the hall and temporarily altered the use. He went to jail and I wrote a police statement even though I told them I didn't want to file charges.
He got upset because I took his cigarette's because he kept leaving them down where the kids may have been able to get a hold of them.. I took them out of his pocket when he went outside.. He found them missing and then approached me about it.
I was so upset about the incident that I forgot to mention to the police that I told him to ****-off and instigated the situation..
I am not pressing charges but the state of washington is and I was curious if the charges will be dropped against him and if it will be dismissed, OR if they can drop his case and charge me instead??
Answers only please, not looking for remarks..
Answers:
1. In many states officers are REQUIRED to charge an individual and take them in for ALL domestic violence calls. They do NOT have an option.
2. District attorneys are under obligation to pursue charges regardless of what you think or want.
3. If you change your story now, you MAY be charged with purgury and/or obstruction of justice.
I have no clue if the charges can be reversed. Even if charged seems like he'd probably get probation. Doesn't matter if you told him to f-off.
Depends on your DA. Since the state charges a domestic crime, NOT YOU, it is up to them whether or not the charges will be dropped.
Depending on any domestic history or violent history with your husband, the charges could be dropped.
In my opinion, the charges will be upheld and he will be convicted if the evidence is there to do so.
The state cares for YOUR well being regardless of how you feel about your husband going to jail or being prosecuted.
They wont reverse the charges and charge you with any domestic crime (domestic itself if not a crime, in my state it is a crime enhancer). They would have to come up with something like domestic theft..which they will definately not do.
The point is that the police saw a disturbance, saw that you were upset and saw that your husband caused harm to you. They will carry out the charges in court regardless of how you feel, they are protecting you.
In my state, if an officer believes that a domestic crime has occured, we are required to make an arrest, not ask you if you want to press charges.
I am not surprised that you don't want "remarks" because you already know what those remarks will be. I think you know what they will be because you have heard them a bunch of times before from people who have witnessed your abuse at the hands of this punk you call a husband and they can't understand why you keep making excuses for him.
He didn't "approach you" about the missing cigarettes. He came striding at you and started blasting off about it. He is an abuser, and you are another abused wife who can't bring herself to accept the handle. You had better wake up and do just that before it's too late. You also have children, and they are being exposed to this violence. You may well be afraid that the authorities will take your kids out of this abusive domestic situation, and maybe they should, because you are refusing to do so. What do you want to wait for? Until somebody ends up dead? Or do you think that can't happen to YOU.
I can feel pain for you in your situation. But I am not going to let that stop me from trying to give you a reality check too. I can start by telling you what Society is totally tired of, as well as the police and child welfare services who have to deal with the frustrations of constantly rescuing women from their abusers, and trying to protect their helpless children, because the women are busy protecting the very men who are destroying their lives and the lives of their kids. This is why some states have changed the rules of the game, and are going ahead with prosecution of violent men whether the woman agrees with it or not. I am glad that Washington is one of those places, and I hope they throw the book at this bastard. Perhaps that will finally open your eyes, and convince you to get yourself and your children out of harm's way before it is too late.
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