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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 08-15-2008, 11:33 AM
rainingtoday rainingtoday is offline
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Default Domestic Violence Charge in Colorado
My question involves criminal law for the state of: Colorado

My husband and I had an argument, which was my fault. I'd just suffered my seventh miscarriage and I was screaming at him, from about three inches away, that he should leave me and find someone else to be with, who could actually have children. What I said to him made him sick, and he pushed me away from him, as I was out of control. He left and I phoned the police using their non-emergency number. I just needed help - some kind of help. The police came and told me my husband will be charged with Domestic Violence. I told them right then that this was not what I wanted - I just needed some help, or advice, or something.

My husband has no prior record of anything, we went together to the station but the warrant is not yet issued. I phoned the investigator who will forward my "retraction" and explanation to the DA, but this may take weeks. Is there anything else I can do to get this charge rightfully dropped? I was not harmed and I never called emergency. Please advise me.
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Old 08-15-2008, 12:22 PM
seniorjudge seniorjudge is offline
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Default Re: Domestic Violence Charge - Colorado
Explain to me how your husband hitting you is YOUR fault?
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Old 08-15-2008, 12:55 PM
rainingtoday rainingtoday is offline
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Default Re: Domestic Violence Charge - Colorado
He did not hit me - I was literally inches from his face and hysterical, and he just wanted to get away from me. He shoved me back, I was not at all injured. As I say, I phoned the police non-emergency because I wanted help - mental or emotional. I refused to fill out a report because again, that was not why I phoned.

I have spoken to the investigator and she was sympathetic. She said she would forward my intention not to press charges to the DA. My question is, should I contact the DA now to explain the situation? It is me who needs grief counseling at this time, my husband is not at fault here. He was defending himself from my hysterics. He was just trying to get away. Thank you in advance for your advice.
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