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  1. #1
    Join Date
    Nov 2011
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    Default Domestic Violence Charges Against Brother

    My question involves criminal law for the state of: Texas

    In 2008 my brother and his girlfriend were drinking and started arguing. I got in the middle and took my brother out of the situation. As we were walking away I fell. She called the police and said he assaulted me. I told the police this never happend but she kept saying she saw him push me down so he was arrested. I have talked to the district attorney's office and told them exactly what happened. My brother has plead not guilty and has a trial date set. His girlfriend has since changed her story and said she was drunk and did not remember calling the police or saying he pushed me. A subpoena has been taped to my door to appear as the victim against my brother. My question is why would I be called to testify against him when I have stated from day one this never happened. His girlfriend has to appear also. What will her consequences be for filing a false report?

  2. #2
    Join Date
    Sep 2011
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    Default Re: Domestic Violence Charges Against Brother

    Likely it will be a he said, she said thing. If she waivers and you both remain firm, it should work out okay.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Domestic Violence Charges Against Brother

    You are being called as a witness because you are the alleged victim.

    I expect that the prosecutor intends to try to convince a jury (or judge, if it's a bench trial) that you're lying, and that the girlfriend's original story was true.

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