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Victim is Accused of Domestic Violence

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  • 01-14-2009, 01:22 PM
    skinnymini
    Victim is Accused of Domestic Violence
    My question involves divorce in the State of: Tennessee

    What happens when the police issue a warrant for a person for domestic violence even though the police did not 1) witness the assault and 2) never questioned the accused to find out if it was self defense?

    The accuser called the police after the accused left the premises and convinced the officer that they had been assaulted. There is now a warrant out for the spouse that was filed by the officer. Can the accused person file a suit against the accuser for filing a false report?
  • 01-14-2009, 02:18 PM
    cyjeff
    Re: Victim is Accused of Domestic Violence
    All the police need is probable cause for an arrest.

    An eyewitness account qualifies as probable cause.

    The rest will be worked out in court.
  • 01-14-2009, 02:25 PM
    skinnymini
    Re: Victim is Accused of Domestic Violence
    is a "cool down period" of 12 hours in jail mandatory? even 24 hours after the alleged incident?
  • 01-14-2009, 03:15 PM
    aardvarc
    Re: Victim is Accused of Domestic Violence
    Usually, yes. This period of time allows for either law enforcement or local advocates to provide services to the victim and give the victim time to make arrangements like getting to a domestic violence shelter or making arrangements to leave the situation if they choose to do so, getting a restraining or emergency custody order, do safety planning, etc. If such services were provided to the victim while the accused was "on the lamb" before arrest, it may be waived by the court; but that can't or won't be determined until the wanted person is arrested.
  • 01-14-2009, 09:44 PM
    skinnymini
    Re: Victim is Accused of Domestic Violence
    So the phrase "innocent until proven guilty" doesnt apply here? The accused is incarcerated for 8 - 12 hours or more with no chance to plead their side of the situation? Jepordizing thier job, life, even custody of their children if they have no one to keep them. I'm all for protecting the meek but at what point does an innocent person get thier chance to tell thier side of the story? If an officer of the law can take it upon themself to incarcerate a person based on the word of two people only, where is the justice? This would mean I could call the police and have ANYONE arrested if I can get one other person to tell the story the same. So what repercussions are there to the accusers who bring about false charges and cause lost time at work, money lost to bail bondsmen, attorney's fees, and the embarressment to innocent people? That is my question? This case will be thrown out, no doubt about it, but I need to know what I can do to make sure that real justice is served and those responsible for causing the pain, suffering and embarressment of these false charges are made to answer for it. Abusers are becoming very wise to the system and processes of domestic violence and the law does not seem to have a clue as to what is happening. I've seen too many small, meek women be taken to jail for "assaulting" thier 200 lb. husbands. The domestic violence laws are too easily abused and the police do not seem to care as long as "somebody" goes to jail, and that "somebody" is usually the one who did NOT make the call. What repurcussions are there for these abusers? Seems all you have to do is beat the victim to the punch and you are now the protected one! What can a person in this situation do to turn it around so that the true abuser is made to pay??
  • 01-14-2009, 11:37 PM
    aardvarc
    Re: Victim is Accused of Domestic Violence
    Quote:

    Quoting skinnymini
    View Post
    So the phrase "innocent until proven guilty" doesnt apply here? The accused is incarcerated for 8 - 12 hours or more with no chance to plead their side of the situation?

    The standard for such an arrest and holding period is NOT a proving of guilt; it is "probable cause". If police had probable cause to make the arrest, the rest applies.


    Quote:

    Jepordizing thier job, life, even custody of their children if they have no one to keep them. I'm all for protecting the meek but at what point does an innocent person get thier chance to tell thier side of the story?
    The first chance will be at arraignment; to plead either "guilty" or "not guilty". Later chances will depend on that first pleading.

    Quote:

    If an officer of the law can take it upon themself to incarcerate a person based on the word of two people only, where is the justice? This would mean I could call the police and have ANYONE arrested if I can get one other person to tell the story the same.
    If the stories of those witnesses are credible and in line with other circumstantial evidence, yes. Remember, the standard is "probable cause", which really isn't a very high standard to meet. Police only need a reasonable belief that a crime has been committed, and that, in light of any other circumstantial or other evidence, that the subject in question committed the crime. They don't need "proof". (Google for "probable cause" to see how low this burden really can be.) Domestic violence cases get a bit of special treatment thanks to the incredible number of homicides associated with such cases; and part of that special treatement, in some states, does include a mandated "cooling off" period by law.

    Quote:

    So what repercussions are there to the accusers who bring about false charges and cause lost time at work, money lost to bail bondsmen, attorney's fees, and the embarressment to innocent people? That is my question?
    The liar can not only be charged with a crime of their own (either for knowingly filing a false police report, or for perjury, or both, depending on how far the case gets); AND they can be sued in civil court by the person wronged for the types of costs you mention, plus punative damages.


    Quote:

    This case will be thrown out, no doubt about it, but I need to know what I can do to make sure that real justice is served and those responsible for causing the pain, suffering and embarressment of these false charges are made to answer for it.
    You can wait until the criminal case is dismissed, get yourself a copy of any pertinent evidence such as the police report, any transcripts of the criminal proceeding, etc. and take them to a civil attorney to discuss suing the individual. Most will give an initial consultation for free - so make sure to make the most of that free meeting by bringing as much documentation you can get about the case.

    Quote:

    Abusers are becoming very wise to the system and processes of domestic violence and the law does not seem to have a clue as to what is happening. I've seen too many small, meek women be taken to jail for "assaulting" thier 200 lb. husbands.
    I get where you're coming from, but there ARE plenty of 85 pound women who slap their 200+ pound husbands, and that's enough for the arrest; because that's an assault - it doesn't have to be a drag out, knock down affair, or even produce injuries to be a "valid" crime of domestic violence. There are also LOTS of advocates out there who TRY to educate victims and potential victims about these exact dynamics that you describe, to try to teach them the potential for these situations and educate them on how to NOT find oneself in such circumstances. Who knows if those efforts do any good; because sadly, all too often victims stay in violent relationships with EVERY warning sign and aren't forced to get a wakeup call until their abuser goes so far as to get THEM arrested. I evaluate DV cases, and in every case like the one you describe, the writing was on the wall for a VERY long time. After the fact however, the process is what it is and the system does what it does. You might consider talking to your local domestic violence program to see if they can refer you to a defense attorney who specializes in these types of cases.

    Quote:

    The domestic violence laws are too easily abused and the police do not seem to care as long as "somebody" goes to jail, and that "somebody" is usually the one who did NOT make the call.
    It's not nearly as up to the police as you imagine; it's MANDATED by law in most states that "somebody" is going to jail if there's even a whif that domestic violence took place, regardless of the level. The "who goes to jail" is usually whoever is determined to be the aggressor, regardless of who made the call. Believe me, there are LOTS of people out there of both genders who are pissed off that they made the call, and were the ones taken to jail. I'm sure Carl could tell some doozies.

    Quote:

    What repurcussions are there for these abusers? Seems all you have to do is beat the victim to the punch and you are now the protected one! What can a person in this situation do to turn it around so that the true abuser is made to pay??
    Show the court that the case was based on total fabrications and see if the DA will bring criminal charges against the accuser (and/or sue, as noted).
  • 01-31-2009, 11:28 AM
    falselyaccused
    Re: Victim is Accused of Domestic Violence
    Back in 2006 I was falsely accused of Domestic Violence and spent (30) days in jail for allegedly violating the injunction the same day it was granted. Since then, I have been through hell because of my ex's greed and malicious actions. You can read more about it on my site
    http://www.falselyaccusedofdomesticviolence.com

    Quote:

    Quoting skinnymini
    View Post
    So the phrase "innocent until proven guilty" doesnt apply here? The accused is incarcerated for 8 - 12 hours or more with no chance to plead their side of the situation? Jepordizing thier job, life, even custody of their children if they have no one to keep them. I'm all for protecting the meek but at what point does an innocent person get thier chance to tell thier side of the story? If an officer of the law can take it upon themself to incarcerate a person based on the word of two people only, where is the justice? \to pay??

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