Assault Charges Dropped, Domestic Violence Charges Filed

hungry · #1 10-26-2007, 05:26 AM

i got in a fight with my girlfriends brother and he pressed charges. he told the police that i fought him and his sister, my girlfriend, which wasn't true and the state picked up the case, charging me with domestic violence against her. she went to the DA and signed the paperwork saying that she didnt want to persue that issue because it wasn't true. when I went to court, the state dropped the assault charges against him but charged me with domestic violence against her. how and why is this possible in TX?

Baystategirl · #2 10-26-2007, 06:48 AM

It is most common for a DV victim to want to "drop charges". A DA isn't going to put faith in your GF denying that there was abuse.

Here is a very typical scenario for you to read...hopefull it will give you a better understanding as to why the DA is pursuing these allegations.

This is just one thread ...I urge you to look at others by the same OP:

http://www.expertlaw.com/forums/show...580#post135580

kellykells · #3 10-26-2007, 06:52 AM

its because its no longer a crime against your gf... (not saying it even was in the first place) it is now a crime against the state and the prosecutors dont take too kindly to you committing crimes against the state... (not saying you did)

i am in a similar boat
except now there is a no contact order and so my bf and i cant even communicate to get everything sorted out. he either has to plead guilty or the charges be dropped. the proscutor must find that there is not enough evidence to prove beyond a reasonable doubt that he did what the cops are saying he did. but who is to say what is proof beyond a reasonable doubt?

my view on the matter is the law is intended to protect the victim, but if you arent really a victim (as i am not) then you are treated as much like a criminal as those in the joint doing 60 to life. at this point they have taken away MY rights to communicate with him and vice versa and i even signed an affidavit asking the no contact to be terminated. it is no longer in your hands. you have to pray to your god and hope that the prosecutor is able to see the truth for what it is.

#4 10-26-2007, 06:57 AM

Quote:

It is most common for a DV victim to want to "drop charges".

Which exactly why you cannot drop charges! Many many women out there for whatever reasons change thier tune and thus return to abusive spouse. they are beaten more and often times killed! Not saying this is your case. However in order to protect these innocent victims who for whatever reason allow the abuse to continue laws were made. Is it perfect? No of course not but more lives are saved this way. find your husband an Attorney who can help you with his defense.

aardvarc · #5 10-26-2007, 11:02 PM

Panther is right on point. Just because you don't understand that you are a victim does not change the fact that your circumstances are in line with the perfect textbook case of domestic violence victimization and all of the dynamics within such relationships that encourage a repeated cycle of violence. Unfortunately, a lot of the ones who finally figure it out do so with their last breath, depriving others of the benefit of their experience.