Ask Me Help Desk - Defending against false domestic violence charges

Defending against false domestic violence charges

I was arrested for simple assault/domestic my wife and I were arguing loudly and a neighbor called the police. Hours after the argument a police officer arrived to my home. My wife and I have a few scratches and she has hand prints around her neck. This may look bad but the injuries were acquired after the argument when we were making up. We both told the police officer no one was attacking the other in anyway other than verbally but he became very angry yelling at my wife to tell him the truth. He was trying to intimidate my wife into saying I choked and hit her. When she told him again that she was not attacked he arrested me and called a paramedic to examine her against her will for fear of being arrested she agreed. Does this officer have a leg to stand on in court cause I can't afford a lawyer at this time

How did she get hand marks around her neck from making up? Sorry, does not sound plausible, no wonder the police thought the situation was odd.

I think you had better get a lawyer. Police saw marks on her neck, scrathes on whoever, neighbour stated yelling, so there is a lot of evidence to say the situation did get violent. He was probably yelling from frustration.

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Originally Posted by framed

I was arrested for simple assault/domestic my wife and I were arguing loudly and a neighbor called the police. hours after the argument a police officer arrived to my home. my wife and I have a few scratches and she has hand prints around her neck. this may look bad but the injuries were aquired after the argument when we were making up. we both told the police officer no one was attacking the other in anyway other than verbally but he became very angry yelling at my wife to tell him the truth. he was trying to intimidate my wife into saying I choked and hit her. when she told him again that she was not attacked he arrested me and called a paramedic to examine her against her will for fear of being arrested she agreed. does this officer have a leg to stand on in court cause I can't afford a lawyer at this time

You are going to need a lawyer... no two ways around it. You either hire a good one... or you take your chances with a court appointed one.. assuming they think you qualify for one. And yes they do means test before giving you one.

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Originally Posted by framed

my wife and I have a few scratches and she has hand prints around her neck.

Hmmmm.

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Originally Posted by framed

this may look bad but the injuries were aquired after the argument when we were making up.

Do you frequently hurt each other when making up?

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Originally Posted by framed

she has hand prints around her neck.

Let me guess. This was a love strangle?

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Originally Posted by framed

he was trying to intimidate my wife into saying I choked and hit her.

Actually, the proof was there that she was choked. Whether you did it to hurt her or some weird kind of way to "make up" the injury was obvious.

Looks like you are going to have to find a way to cough up the money for a lawyer because you are going to need a good one to get out of this.

Actually they were caused during sex and it was her hand prints on her neck. Last I checked there is no law against choking yourself while having sex and 3 hours after the argument a police officer shows up. If there's nothing wrong with that I guess they can stop by next week because of an argument that I had today.

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Originally Posted by framed

actually they were caused during sex and it was her hand prints on her neck.

Get yourself a good attorney, you are going to need one.

If a forensic specialist can testify that the hand prints were from her own hands, you may get off. If not, its going to be tough.

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Originally Posted by ScottGem

If a forensic specialist can testify that the hand prints were from her own hands, you may get off.

And that's going to be expensive.

You are in serious trouble, They do not even need the wife to file a complaint, in fact the officer can arrest you with the wife pleading not to. The wife can refuse to testify in court and they will still convict you.

Sorry, a complaint of the neighbor, with yelling. The officer was protecting his self at the scene and why was the wife worried about being arrest, unless you had marks on you, in which case they could arrest both of you.

Under the laws of most US states, the police officer is even obligated and required to arrest someone if there is signs of domestic violence. Even if both parties claim there was none.

I would have to look the laws of your state ( if you are in the US) Often there is two connected crimes Assault and Battery, one is just the threats and the other is the actual hitting. So one would have to see what is required in your area to make the crime.

But no judge or for that matter jury is going to believe the story, ( does not matter if it is true) the issue is that she had marks consistent with a fight. If they have photos of the hand prints, you may be able to hire a professional to prove that the hand marks were done from a laying position, not a standing. It could be done perhaps by showing your height and angle of the hands.

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Originally Posted by framed

actually they were caused during sex and it was her hand prints on her neck. .

Oh, come on. I just put my hands up there and it is extremely difficult for me to squeeze hard enough to leave a mark.

Nope, isn't buying it.

Tick