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    1415princessp's Avatar
    1415princessp Posts: 1, Reputation: 1
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    #1

    Dec 10, 2009, 11:02 AM
    Domestic violence AND false charges AND nc
    Okay if someone (exwife) goes to the police station and files charges against their ex husband. Saying that they are scared of this person when ALL that took place was a heated phone conversation regarding their child. Can they charge the guy with Domestic Violence when there were no threats made during that conversation... well actually I'm not asking if this can happen but how _a friend of mine is going through exactly this! He was arrested and charged with D.Violence... UNREAL how the system is one sided someone please give me any advise to help him out thanks
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 10, 2009, 11:31 AM
    Quote Originally Posted by 1415princessp View Post
    okay if someone (exwife) goes to the police station and files charges against their ex husband. Saying that they are scared of this person when ALL that took place was a heated phone conversation reguarding their child. Can they charge the guy with Domestic Violence when there were no threats made during that conversation.....well actually i'm not asking if this can happen but how _a friend of mine is going through exactly this! He was arrested and charged with D.Violence....UNREAL how the system is one sided someone please give me any advise to help him out thanks
    What did he say exactly? What did she tell the police that he said?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 10, 2009, 04:42 PM

    Can they, well they did, so I guess they can.

    But they have no evidence so the DA should have to dismiss it.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Dec 10, 2009, 04:47 PM

    For one thing you have no idea unless it really was you what was said on the phone. So it could be true and it could be that threats were made or implied. At this point we just don't know.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 10, 2009, 04:59 PM

    Are you sure he was charged? Was he arraigned? If the wife swore out a complaint, the police have to act on it. But before they charge and/or arraign him, they will need to have more proof then just her word on it.
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