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  1. #1
    Join Date
    Oct 2004
    Location
    pensacola beach fl
    Posts
    1

    Default Domestic violence defenses

    I have been charged with domestic violence and have a few questions...



    1. If her deposition is totally different than her police report what are my chances in trial????


    2. I also am the one who called 911 and had to leave because she was still attacking me. The police didn't even get my side of the story. How will that effect my trial??????

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Impeachment

    There are no "hard and fast" answers to your questions.

    If your spouse's testimony conflicts with her initial statements to the police, and the subsequent testimony is more favorable to you, the prosecutor will typically argue that the spouse is afraid of you or fears divorce and is thus protecting you. If the statement is less favorable, it is easier for the defense to argue that the whole accusation is some form of ploy - for example, a contrived accusation meant to result in a more favorable result in divorce or custody litigation.

    You or your attorney should attempt to get a copy of the 911 recording of your phone call, such that you can use it in your defense. It may be a point of impeachment for the officers that they did not take your statement, as your lawyer may be able to argue that it reflects prejudices or biases on the part of the officer that left them inclined to automatically favor your wife.

  3. #3
    Join Date
    Sep 2004
    Location
    Ohio
    Posts
    13

    Default Life... What an experince..

    Haha, this is rather amusing to me, because it's almost exactly what happened to me, give or take a few things.

    My ex-husband and I got into an argument. He decided that it was time for him to start hitting me. The Neighbor called the police, they asked me first "Are you okay, where did he hit you?" Being the dumb girlfriend I was, I said "He didn't do anything. I'm okay."

    My ex on the other hand told the police that I had struck him over the arm. When they came back and asked me about this, I said "Yes, we got into it, and I think I held my arm out in defense." But seeing how I said that he didn't do anything already, they took his side and I became the abuser. He didn't press charges thank goodness, but I still got "Warned" and was going to be on what they called 72 hour watch.

    It all depends on the police, and judges, ect ect.. This is a Man over Woman battle here.. If she happens to be the sappy BooHoo type and can put on a good act for people, you're screwed. If she messes up and says the wrong thing, well you might have a chance.

    Since you are male, and are stronger, bigger, and all then this girl most likely, you don't have a hope in the world. Sorry to say. (But I could be wrong, hope I am!)

    Good luck,
    xith

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