[troubleinny]

My question involves criminal law for the state of: NY

About two months ago my husband and I were having a very heated argument and my neighbor called the police because she heard him say that he was going to kill me. When the police arrived they asked both pf us if that was true and we both said yes. It was in the "hypothetical" sense but they did not care. A restraining order was put in place until I met with the DA. After meeting with the DA she amended the order of protection to a "be nice" order until he finished a anger management class. We were in the process of moving to South Carolina when all of a sudden he shut down on me. Never talked, distant, etc. He was finding every excuse there was not to move - no job, the classes, etc. Early Monday morning I had brought the topic up again. He informed me that he has been seeing some one for the past year and he had no intention of moving with me and our children and he will be quitting his job so he did not have to pay child support. I FLIPPED OUT!!! I was screaming, throwing things, and I fell flat on my face hitting my sons huge metal monster truck on the way down. He tried to help me and all I could think was about the restraining order still against him and how to get him back for everything. When I was at the hospital getting my 7 stitches I told them my husband did it. They called the sheriff to get my statement. When he asked me what happened I told him I don't know. I wasn't sure if I could go through with the lie. Eventually, I told him that my husband did it. He was arrested and is still sitting in jail. I have told the DA that I am not sure if that is what happened but I don't know if she is buying it. If I come forward and tell her the truth will she drop the charges on him. I know I will have to deal with the consiquences (sp?) but I don't think I can live with myself knowing that my soon to be ex will be in jail for awhile - even though he is a jerk. Also, cps has become involved and has told me that if I withdraw my statement that they will be taking the kids away from me because they feel they are in danger. Could anyone give me some advice??? PLEASE!!!

[cyjeff]

The vast majority of domestic violence victims recant their testimony within a week of the abuse.

I would try to talk to the DA... but be prepared for no one to believe you.

[aaron]

And take note of the warning that if CPS believes that you are lying and potentially putting your kids in danger, they can take action to protect your children.