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-   -   False allegation of Domestic Violence (https://www.askmehelpdesk.com/showthread.php?t=57556)

  • Jan 26, 2007, 01:01 AM
    Dan_Patrick
    False allegation of Domestic Violence
    I was recently charged with domestic violence. I think the whole thing is ridiculous as I got into an argument with my girlfriend that could have been avoided. The state is very strict with these laws. I think there were mistakes on both sides, but they chose to remove me from my apartment.

    My girlfriend has sent me several messages stating she would like to get back together with me and is concerned about my well being. She admitted that there were mistakes on her part as well.

    I spoke to an attorney and he asked me what I wanted. I told him I want the case to be dismissed, but I will defend myself if I have to.

    What are some good pointers to get the judge on my good side and dismiss the case besides good old respect?
  • Jan 26, 2007, 07:28 AM
    ScottGem
    If your girlfriend refuses to press charges, that should dismiss it.
  • Jan 26, 2007, 07:48 AM
    excon
    Quote:

    Originally Posted by Dan_Patrick
    to get the judge on my good side and dismiss the case besides good old respect?

    Hello Dan:

    To what?? Get the judge on your side?? Dude! What have YOU been smoking? Judges don't pick sides, they follow the law. If you try to "get" him on your side by smarmy butt kissing, it's going to have to opposite effect.

    The LAW is the key. Scott is right. If your girlfriend does not press charges, then there's no case.

    Be clear about what that means in its entirety, too. Even though your girlfriend decides not to press charges, the prosecutor might decide to charge you IF he thinks he can WIN. I don't know what evidence he has in addition to your gf's testimony, but she must refuse to testify against you.

    Then let's hope that there aren't pictures, or a medical report, or an angry parent (in-law). And, let's hope the prosecutor isn't running for governor.

    excon
  • Mar 23, 2007, 06:39 PM
    Matt3046
    Well first of all, this is a good set up for more acusations which can include sexual asault.
    Second the court is not going to believe anything you say.
    Third you are violating thr order by comunicating with her (stop) probably the order only states that you not contact her, saying nothing about her contacting you.
    Fourth if she has done this to you she will do it again. Next time you may end up in jail.

    Do not be alone with this person, unless you like jail.
  • Mar 23, 2007, 06:44 PM
    Matt3046
    Ok let me tell you, once charges have been filed in domestic violence cases they can not be "dropped"
    The judges are overwelmingly biased against men, they will not believe anythig you say.
    Just make sure every thing you do is OK, with your lawyer.
  • Mar 23, 2007, 07:25 PM
    Fr_Chuck
    Ok, first only the DA can decide at this point to drop charges. As a police officer after we did a domestic violence arrest the victimm had no right to withdraw charges, ( this was changed because the poor girlfirend was given some flowers and always took the guy back, so the courts got tired of arresting, and dismissing, arresting and dismmissing, so most states have changed those laws now.

    So it is possible that the DA will dismiss if your girlfriend asks them to, but most likely no they won't.

    And getting the judge on your side ? Don't happen, they will merely want the facts of the case presented, and will rule if those break the law.

    If you decide to defend yourself, take your overnight bag with you, since you will be gone for a while, domestic violence law is very speicifc and they have to make a certain case, with evidence, So your job will be to show the evidence is not there, or make motions to have evidnce thrown out.

    Next of course, just a argument does not get one arrested on domestic violence, there has to be physcial contract or some damage to the apartment. And no this just does not have to happen, what should have happen is one party just walks away before ti goes to far.

    But what you want more than anything is the domestic violence part to be done away with, since it can hurt your changes to some jobs in the future. Even if you plea it down to a simple assault or something but need to get rid of the domestic violence attachment
  • Mar 23, 2007, 07:28 PM
    Lowtax4eva
    If the person you are charged with hitting won't testify against you and there are no witnesses then they don't have anything, unless she was all bruised up when the cops arrived.

    I think you'll be fine and it will get dismissed for lack of evidence.

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