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  1. #1
    Join Date
    Jun 2018
    Posts
    3

    Default Can You Retract an Accusation That Resulted in Felony Domestic Violence Charges

    My question involves criminal law for the state of: WA

    my husband and I have been through losing 2 close family members, a miscarriage gone wrong, a serious car accident and my husband turned to hard drugs to cope and I to alcohol. He went on a binder and took off with our son for 4 days in a row all night. I work 3 jobs to support our family since my husbands drug use has gotten so out of control he cannot work. I didn't get any time off work while going through all these traumatic events over only 7months of time and have looked up symptoms of PTSD and believe I have it.

    I confronted him when he finally came home day 4 with our son and caught him using. we got into an argument. what I reported happened, I don't think really happened now that he has been removed from the home and I know he is safe and not using, I actually have gotten some rest. I had things all mixed up in my mind from training to get my black belt in 2 weeks, which includes gun defenses, full contact sparring and choke defenses. He did take my phone, and that's what I was really mad about, so I somehow I thought he attacked me with a gun and choked me, but that was part of my intense training I have been doing. A family called the cops and brought me to the station demanding that I press charges and I felt pressured, I hadn't slept much in 5 days, or eaten, have been over worked and had been drinking the night before. I hadn't even slept but 1 hr before going to the family members house that spung into action way to quickly and even when I did the report I was half drunk, hadn't eaten or showered. I had no idea the charges the police were going to file against my husband would be felony offenses. They did find the gun in our garage, where its kept. I had said the attack happened in the upstairs bedroom. We both need to get some help, he really isn't a violent person and now our families life can be completely ruined all the hastily calling the police. His arraignment is not until this Friday, this all just happened on Thursday. our 4yr old keeps asking when daddy can come home and I am even more devastated than before. Any advice?

  2. #2
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    Quote Quoting watergirl
    View Post
    My question involves criminal law for the state of: WA

    my husband and I have been through losing 2 close family members, a miscarriage gone wrong, a serious car accident and my husband turned to hard drugs to cope and I to alcohol. He went on a binder and took off with our son for 4 days in a row all night. I work 3 jobs to support our family since my husbands drug use has gotten so out of control he cannot work. I didn't get any time off work while going through all these traumatic events over only 7months of time and have looked up symptoms of PTSD and believe I have it.

    I confronted him when he finally came home day 4 with our son and caught him using. we got into an argument. what I reported happened, I don't think really happened now that he has been removed from the home and I know he is safe and not using, I actually have gotten some rest. I had things all mixed up in my mind from training to get my black belt in 2 weeks, which includes gun defenses, full contact sparring and choke defenses. He did take my phone, and that's what I was really mad about, so I somehow I thought he attacked me with a gun and choked me, but that was part of my intense training I have been doing. A family called the cops and brought me to the station demanding that I press charges and I felt pressured, I hadn't slept much in 5 days, or eaten, have been over worked and had been drinking the night before. I hadn't even slept but 1 hr before going to the family members house that spung into action way to quickly and even when I did the report I was half drunk, hadn't eaten or showered. I had no idea the charges the police were going to file against my husband would be felony offenses. They did find the gun in our garage, where its kept. I had said the attack happened in the upstairs bedroom. We both need to get some help, he really isn't a violent person and now our families life can be completely ruined all the hastily calling the police. His arraignment is not until this Friday, this all just happened on Thursday. our 4yr old keeps asking when daddy can come home and I am even more devastated than before. Any advice?
    You should probably go see a doctor and get properly diagnosed...and get appropriate help to deal with any mental illness or disorder.

    He probably did do all those things you remember...it's up to the prosecutor to file charges ultimately. It doesn't matter what the police arrested him for. Charges get changed or dismissed. Your husband needs a lawyer. You need to seek some professional help - mental help, counseling and go get help with your drinking. AA or rehab or something. Whatever helps you. Your drinking isn't any better than his drug use especially when you have kids. People go through bad things all the time...turning to drugs doesn't help it makes it worse as you see.

    There isn't much you can do. If you recant, the prosecutor might keep pushing because victims of domestic violence consistently recant. There will be an investigation. If there is merit he will be charged. If not, he might get charges dismissed.

    Your priority right now should NOT be your husband but your kids and your well being to take care of them. Also he won't stay clean once he's out of jail. Trust me. I've been there. Get help - all of you.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    Understand that in a criminal charge it's not YOU vs. YOUR HUSBAND but the STATE vs. HIM. What you or your son want doesn't excuse his harm to society by his criminal behavior. It is exactly situations like this that the state proceeds without the victim's "consent" or in light of "recantations."

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    Quote Quoting asa_jim
    View Post
    Addicts and alcoholics fancy themselves to be expert manipulators. I would advise both of you to get help with your addictions so you can both conduct yourselves in a reasonable manner. You are now either making excuses for making false allegations, or now denying truthful allegations were truthful. Either way, you need to stop the manipulation. Very bad things will continue to happen as long as you keep doing this.
    Very bad things including losing your son.

  5. #5
    Join Date
    Jun 2018
    Posts
    3

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    ok, so there is nothing I can do to help him?

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    You can hire him a lawyer.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Husband Was Charged with Dv 1 Because of My Ptsd, Can I Get This Dropped

    Quote Quoting watergirl
    View Post
    ok, so there is nothing I can do to help him?
    If you change your story as dramatically as you suggest, and the prosecutor finds it necessary to drop the charges against your husband, you could easily find yourself charged with filing a false police report. So before you get yourself into hot water, discuss your case with a criminal defense lawyer -- not your husband's, but your own, independent lawyer.

    As for what might happen if you tell the prosecutor that your story was false, prosecutors are used to having victims of domestic violence try to retract their stories. The prosecutor will have to consider whether you're going to stick with the retraction and, if so, whether your husband can be successfully prosecuted based upon other evidence -- including 911 call evidence, your "excited utterances" as made to responding police officers, the statements and observations of other witnesses, your husband's own statements to the police, and the like.

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