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So I reported to the police that my husband hit me and my doughter was there, they took pictures of some bruses I had. Now I am supenad to go to court and testafy. If I were to go in there and say I was lying how much trouble could I get into. And what would be the best thing to do to get my husband in the least amunt of trouble?
Either way you could be in trouble.
If he didn't hit you, you filed a false police report.
If he did hit you, and you say in court he didn't, you committed purgery.
I don't understand why you gave me a reddie for a factual answer.
Did your husband really hit you? If not, you filed a false police report which could land you in trouble.
If he did, but you tell the judge he didn't, you are lying and that could get you in trouble as well.
I meaqn how much trouble can I get into like would I go to jail? If so how long or would I be on probation or get a felony or what?
Yes you can go to jail, in fact you could serve more time in jail for lying ( filing a false report) or lying under oath, than he could get for hitting you.
There was obvious marks, the officers say it. This is why officers hate to do domestics, you wanted him punished when he did it, now you are willing getting into legal trouble, yourself, to help him.
Most battered women have to almost be killed before they figure out they need to get out.
Well I wasn't under oath. But I would still go to jail?
If you testify that you lied, then you are guilty of filing a false report. Yes, you could go to jail. No, we don't know how long you would be there.
I'm sorry to be harsh, but if you want to continue to let your husband abuse you and not hold him accountable for it, please stop wasting the officers, prosecutors, and court's time and the tax payers money. When you are ready to step away and get help, all those resources will be available to you, but if you want to protect your abuser, please don't waste them.
OK well I didn't ask to be judged I simply asked for advice
It appears to me that there may well be a Fifth Amendment issue here somewhere.Quote:
Originally Posted by kcomissiong
Take the fifth and, when the judge orders you to testify, hold out for immunity. You really need an attorney to do this properly.
And advice is what you got. The only way we can give advice is to make judgments about the situation. When you post on a site like this you open yourself up to be judged on the situation. This site tries to give the best advice we can for the situation. That may not be what you want to hear, but its quality advice nonetheless.Quote:
Originally Posted by sraappana
Remember we are all volunteers here. We give of our time and expertise to help people. Sometimes that help requires that be honest and blunt. That's we we don't give negative ratings for anything but a factually incorrect answer.
Without judging - did he or did he not hit you? I note you say they took some photos of bruises you had. Did he leave the bruises?
I agree that you need an Attorney. Check into what is available in your area that won't cost you anything. Many women's protection groups provide legal services (or have legal services available). In my area (at least) the idea isn't to punish your husband, it's to keep your family together and end the violence.
You also don't want your daughter to grow up thinking it's okay for HER to be hit/punched/slapped/otherwise abused by her partner.
I also think you and he need counselling of some sort.
In my area you can tell the Judge that it was an argument that got way out of hand, everyone over reacted, you want counselling for both of you. Of course, you need an Attorney to know if this is available in your area.
On a personal note (and this is, of course, a legal board, not a personal board) it's very, very difficult to walk away from a relationship and if your husband is convicted of anything you may have to live with the consequences. That's why you need to talk to someone to get your head on straight and decide how to proceed long term, not just for a short period.
If you would like to share, was this a regular occurrence? Was it an argument that got out of hand?
Domestic violence is not easy on the woman being hit upon to actually admit in court she was being pounded on. If he did hit you, you have got to tell the truth. If the cops found bruises on you, then he did hit you. Are you afraid of the repercussions this will have on you from your husband's retaliation? You need to stand up and be you own person. More than likely he will not do this to you again once he's had a taste of what jail is like.
And the judge will not be happy if you tell him you were not hit. You could end up in jail yourself for a short spell and then be put on probation as well. We don't know what the judge will do to you punishment wise for lying.
Please tell the truth in court. That is your only recourse.
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