What Happens if the Victim in a Domestic Violence Case Says She Lied to the Police
My question involves criminal law for the state of: Wisconsin.
I live in Wisconsin. I filed a police report against my boyfriend for domestic abuse and when he was taken to jail, they also charged him with strangulation (because I told them he put his hand on my throat for a few seconds). The whole thing was a lie. He was let out on a signature bond and we have a no contact order from the judge, meaning he can't see our 2 year old either. I lied because we were arguing about him cheating on me and he told me to get out if his house because he was sick of being accused of stupid things. I scratched my chin to make it more believable that he hit me and then took the phone outside to call the cops. I plan to go to the district attorney on Monday to tell them that the charges I filed were false. I'm just wondering what I should expect.
Re: I Filed a False Report, Will the Da Drop Charges and Put Me in Jail
You can probably expect to be charged with a crime, for your boyfriend to possibly sue you for false arrest, and to possibly lose custody of your child.
You can also expect that no one will believe you.
Some 75% of DV victims will recant their stories within 72 hours, and most of them will go so far as to lie and risk jail in order to protect their abuser - a courtesy and sacrifice that very, very few abusers will reciprocate.
Before you go to the DA's office to confess to a crime that you may not have committed, you should consult an attorney. And, I would recommend speaking to a domestic violence support counselor or therapist as well.
Re: I Filed a False Report, Will the Da Drop Charges and Put Me in Jail
Do the right thing and admit you lied. He doesn't deserve a criminal charge and record because of your lies.
You also have a child together - the child really doesn't deserve it, either. Your two year old needs both parents.
Get yourself into some counseling.
Re: I Filed a False Report, Will the Da Drop Charges and Put Me in Jail
I'm skeptical that she really did lie. I have heard a vast number of DV victims with identical tales that were completely false - all because they wanted to protect their abuser.
If she REALLY lied to get him in trouble, she needs counseling. She also needs to speak with an attorney before she marches in and confesses to a crime that could result in her immediate incarceration.
If she is lying about making a false report, she needs to speak to a therapist and a DV advocate ASAP.
Re: I Filed a False Report, Will the Da Drop Charges and Put Me in Jail
I know...until you talk to these people themselves, you don't know which is real.
Her coming "clean" to the DA may be too late for the guy anyway, as the prosecutor may have filed charges and won't let them go. Because yes...many victims will change the story later in the hopes of a reconciliation.
Then again....women have tried the abuse thing just in the hopes of getting attention or getting custody of the kid.
I feel bad for the poor child who is stuck in the middle of this.
Re: I Filed a False Report, Will the Da Drop Charges and Put Me in Jail
I personally know a couple in Texas where the wife did the same thing except she even instructed their daughter to lie during the police interview. Their case eventually got dismissed but it took a long time and a help of a defense attorney.
I doubt talking to the DA or law enforcement and admitting to making a false statement will help anything in this matter but may make things even worse. However if it is true what you posted, your partner does not deserve to be charged with something he did not do. If I were you I would talk to nobody else but an attorney who can help you resolving the case.
In case he gets convicted it will seriously effect your future, he will have trouble finding a job as well as supporting you and your child.
Good luck!
Again, an attorney needs to evaluate the case:
- Was there a 911 call or you just walked into the station to file a complaint?
- Physical injuries? What kind? Are the injuries consistent with your statement?
- Did your partner make a statement? What did he say?
Domestic violence cases are frequently won on trial and in case the DA insist bringing the case to court that's the way you and your BF should go. Again, a good attorney needs to evaluate the case.