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pathlegalusa
Oct 8, 2015, 04:07 AM
My husband has been arrested for domestic violence but says he can beat it by turning it on me is this true?



I left my house in a hurry and now he doesnt want to let me back in to get things?

Fr_Chuck
Oct 8, 2015, 04:13 AM
First the issue is where do you live?

Next if in the US, what state?

What exact code of the law, was he charged with?

There is no "turning it on you". There is self defense, if you attacked him first and he was merely defending his-self.

But there will be specific elements of the charge, and the DA office (or crown) will have to prove each element of the crime. Normally his lawyer, will merely get him to plea bargain for a lesser crime (if this is his first offense).

I guess the issue is, why are you even talking to him? I will assume you have a restraining order against him, are not living together, and are filing for divorce?

Fr_Chuck
Oct 8, 2015, 04:18 AM
Please combine all your domestic issue questions to one question. You can "answer" your own question to add more information.

So. Why do you care what he wants, why do you not merely go back (with someone else) when he is not home (at work) and get your things.
You can also ask the police to go with you, to let you get your things.
Also, who owns the home? Is it owned or rented? Whose names is on deed and/or rental agreement.

ScottGem
Oct 8, 2015, 05:05 AM
As noted any question on law needs to include your general locale as laws vary by area. Generally, you cannot be legally kept out of the marital home without a court order.

As for the domestic violence issue, its probably a he said/she said thing. Unless there were witnesses, he can certainly claim you attacked him and he defended himself. Whether he can prove it or even be believed depends on many factors.

Questionair
Oct 8, 2015, 07:30 AM
If pictures were taken at the time of the arrest, then you should be safe from him "turning it on you". Otherwise some sort of factual evidence must be displayed to overthrow the arrest. Therefore, if there is no evidence that you did anything, then your fine. As someone stated above, call the police and ask for an escort to pick up your belongings, don't be shy.

ScottGem
Oct 8, 2015, 09:51 AM
If pictures were taken at the time of the arrest, then you should be safe from him "turning it on you".

Really? Pictures can show physical damage, but they may not definitively identify who caused the damage and under what circumstances. Yes, if pictures of the OP show damage and pictures of her husband do not, that could support the claim that she was the victim, but pictures of just the OPs injuries would not be enough.

Arrests can be made on flimsy evidence and easily overturned. Especially in domestic violence situations. Police are called, they find one party hurting, especially if it's a female, they will be liking to make the assumption it was the husband and arrest him.

We pride ourselves on the quality of our answers here and your response doesn't indicate a lot of familiarity with police procedures.