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  1. #1
    Join Date
    May 2011
    Location
    North Carolina
    Posts
    14

    Default Prosecutor is Not Willing to File Charges for Domestic Assault

    My question involves criminal law for the state of: Michigan

    Ok here is a link for a more detailed description of what ive been going through this past 6 days http://www.expertlaw.com/forums/show...859#post736859

    the short version.. this past march my wife was arrested for domestic assault and interrupting a 911 call, I was stupid had had them drop the domestic charges as long as she went to counseling. This past Saturday the 24th she got up early or in the middle of the night and took my kids somewhere (I still haven't found out where) and told me that she had been planning to do this since she was arrested and that she wanted me to leave the house.. I was pretty much in shock and still am.. I thought everything was going great between us and we put the arrest behind us.
    Since she refused to tell me where the kids were I told her that I was going to call the police, when I started to she walked behind me and hit me on the back of the neck with her keys, causing some fairly serious cuts. I did call the police but she was already gone, the office took pictures of my injury... I got a phone call today from the detective handling my case and was told the prosecutor had declined to prosecute.. My wife's response to the allegations was that I caused the injuries to myself to get her arrested, there of course were no witnesses... I have attempted to call the detective back to make a meeting with her and the prosecutor to find out why nothing was being done but haven't gotten called back...

    I was a police officer for almost 10 years so i know that the justice system is partially bias against men, I've seen it before, and I could understand not taking on the case if there were no visible injuries but hell, its a week later and you can still plainly see the cuts.

    I wasnt too worried about this because I was to busy trying to get the money together to hire a lawyer to help me get my kids back, if she weren't still on probation for the previous assault she would already have left the state.

    What can I do? I've called CPS and my lawyer has filed everything he could (she got served this morning).. I just feel like no one is taking me seriously because I am a guy.. Can I request another detective and prosecutor look at the case? Can media involvement help? I am truly at a loss right now

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Domestic Assault. Prosecutor Not Willing to File Charges

    Sorry but as you should know, a prosecutor determines whether they are going to file charges or not. If they do not believe it serves justice or they do not believe they have a winning case, they will generally refuse to spend 10's of thousands of the public dollars they are given to prosecute the case.

    On top of that, the last time you filed charges you convinced the prosecutor to drop the charges.

    I suspect any one of those or a combination of all of them has caused the DA to not take this on and prosecute it.


    On top of that, it really sounds more like you are seeking a little revenge since she lied to you the entire time since the last ordeal.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Prosecutor is Not Willing to File Charges for Domestic Assault

    As you noted, you pleaded for the charges to be dropped last time. Now it almost appears to be a cry of wolf over nothing. The law is not intended to be a weapon.

  4. #4
    Join Date
    May 2011
    Location
    North Carolina
    Posts
    14

    Default Re: Domestic Assault. Prosecutor Not Willing to File Charges

    Revenge no... but if I could show a pattern of violence it would sure help me get my kids back and into school... I could care less about revenge, I was the idiot that didn't see this comming and I've come to terms with that... I just done want to loose my children... right now there sleeping on some strangers floor and she won't let me talk to them ... that's what I'm trying to accomplish... and I kind of figured what I did last time didn't help, but would a prosecutor actually meet with me to discuss it?

    I worked with battered women in the military.. I taught self defense courses amd they had charges dropped or failed to even file charges dozens of times, but eventually they had enough and they did end up getting a conviction... I'm just hoping that if I ca convince the prosecutor that I won't do that again they would rethink it...

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