Domestic Violence

**aleajo** · 11-16-2008, 10:06 AM

My question involves criminal law for the state of:

Me and My boyfriend of 2 years got into an arguement. We were both drunk and wrestling with each other when he smacked me in the face. I called the police and they found him hiding in the back yard. I gave a statement saying he hit me and he was put in jail under a protection order. I did not press charges because I did not want this to be on his record. However the state is pressing charges and he has a court date tommorow for DOMESTIC ABUSE. I will do anything to revoke this charge so he is let go. It was a mistake for me to involve the police and I did not fully understand the outcome of my actions. Tommorow I will go to court to try to revoke my statement and get the charges dropped even if that calls for me to deny and rescend my statement. If I speak with the prosecutor will this help me any? I doubt I will get an attorney by tommorrow but what do I do... I am affraid these charges could mess up my boyfrds life and job. I regret my actions that were made in haste and anger rather than sound judgement. What to do? This is Summit county Ohio.

**cyjeff** · 11-16-2008, 10:08 AM

About 75% of DV victims recant their testimony.

If the police saw evidence of the crime (i.e. a bruise on your face or obvious impact wounds), you won't have a chance of swaying the DA.

Further, you need to review why a man that punched you in the face is someone you want in your life and home.

**cdwjava** · 11-16-2008, 11:02 AM

You can express your desire not to have him prosecuted to the DA. However, if you threaten to change your story - or actually DO change your story - expect to be charged with filing a false police report or perjury (if you change your tail on the witness stand). All you can do at this point is make your wishes known, then testify truthfully if called to court.

Sadly, drunken "wrestling" match or not, DV only gets worse before it gets better. He can get help, or you can go back to the way it was ... which apparently included getting drunk and fighting. I can only hope that there are no children here. And, if there ARE children, and you decide to backpedal, expect child services to get involved on behalf of the children.

- Carl

**aleajo** · 11-16-2008, 12:24 PM

There are no kids involed. I am 25 and he is 28. We both have communication problems within our relationship and I truly look at this situation as one in which both of us made immature mistakes that snowballed into the present situation. Counseling will be a must but for now... I never intended to put him in the system as if he were a core criminal. He is simply a young man with a temper and needs help... not jail or the rest of his life affected (career) with a dem viol record effected by immaturity and recklessness. I simply need legal advice to lessen the consiquences for the both of us this situation. If you have any suggestions on what I should say or write to the presecutor to sway the lesser sentence/ fine. Also I spoke with an attorney whom said he could help for a flat fee of $2000. This seems very high to me. Keep in mind my boyfriend had a warrent five years ago for a traffic violation and public intox (5 years ago). So if there is any help I can get or suggestions I am all ears. Thank you for your genuine concern.

**gigirle** · 11-16-2008, 12:33 PM

For starters, this isnt YOUR problem, this problem belongs to the person who decided it was a good idea to slap you in the face. He's 28 yrs old and apparently even after a public intox 5 yrs ago still thinks that drinking is a good idea. HE needs to work this problem out not YOU. HE needs to hire an attorney. It is the states job to file and press charges against him, not you. Recanting or changing your story at this point in the game will likely result in as Carl pointed out criminal charges of your own.

**aleajo** · 11-16-2008, 05:10 PM

I am not searching for an opinion but rather educated legal advice. I am going to court tomorrow. I will submit a letter in writing to the judge and prosecutors requesting that the charges be dropped and revoking my statement of abuse. I want to have nothing to do with the state prosecuting him this is why I did not origionally prees charges. If you have any suggestions on what I can do to seek my purpose in court it will be much appreciated. And if I seek 'counseling' for this matter I will do it elsewhere and not here on ExpertLaw.com. Thank you for your concern.

**gigirle** · 11-16-2008, 05:21 PM

You dont seem to understand what your being told or you understand it and don't agree with it but it has been legal advice.

I want to have nothing to do with the state prosecuting him this is why I did not origionally press charges.

YOU don't press charges...the state does!

I am going to court tomorrow. I will submit a letter in writing to the judge and prosecutors requesting that the charges be dropped and revoking my statement of abuse

Carl then wrote this:

You can express your desire not to have him prosecuted to the DA. However, if you threaten to change your story - or actually DO change your story - expect to be charged with filing a false police report or perjury (if you change your tail on the witness stand). All you can do at this point is make your wishes known, then testify truthfully if called to court

Good luck to you!

**aleajo** · 11-16-2008, 06:02 PM

I do understand. But thanks for repeating that for me. Does anyone else have any further sugestions (not opinion)?

panther10758 · 11-16-2008, 06:09 PM

You got your answers both legal and opinions! It was spelled out for you by serveral members your post here or on other site is going to get same answers