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  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Spouse Called 911 After Committing Domestic Violence

    Quote Quoting llworking
    View Post
    I am going to disagree with you on this. A prosecutor isn't even going to look at a case unless the police refer it to them...or unless some interested party bypasses the police to force the issue. Therefore I cannot think of ANY reason why you would be correct on that particular point in this scenario.
    You’ll have to trust me on this but I know, with absolute certainty, that I am correct.

    oh, I see your error. I did include the part about the police forwarding the report to the prosecutor. It was in a prior post but I didn’t say anything to the contrary in my latest post
    As to the “last part” that you don’t understand;...
    if the police believe there is a crime involved they may forward the report to the prosecutor. The prosecutor will review the report and may make an investigation. If the prosecutor finds enough evidence to support charges, somebody is going to be arrested.
    Quote Quoting cdwjava
    View Post
    A verbal argument resulting in what the OP said the police described as an, "internal documentation/informational report" means it's done. That's not a crime report forwarded to the DA. And if neither party admitted to physical contact, no domestic battery occurred and no report will be forwarded to the DA. Had there been evidence of a crime at the scene, someone would have likely gone to jail that night.
    Well, somebody was punched. If that was obvious and what may have been said about the issue could lead to further action. As I said; it’s not how things normally go but I wouldn’t discount the possibility knowing what little we do here.

    And and as I said to llworking, especially in regard to what you said about nobody claiming there was contact or anything else;

    yes, it can happen.

  2. #12
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Spouse Called 911 After Committing Domestic Violence

    I would do nothing until the next time your partner touches you. If the police are called, you tell the police exactly what happened. If the police are not called, you call them yourself and tell them what happened. It's only a matter of time that the soft punch turns into a beating, and then a night or two in a hospital. Good Luck.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Spouse Called 911 After Committing Domestic Violence

    Quote Quoting jk
    View Post
    Well, somebody was punched. If that was obvious and what may have been said about the issue could lead to further action. As I said; it’s not how things normally go but I wouldn’t discount the possibility knowing what little we do here.

    And and as I said to llworking, especially in regard to what you said about nobody claiming there was contact or anything else;

    yes, it can happen.
    I suppose there is always the possibility that some officer somewhere might take up a closed and cold CAD incident, or verbal incident report, and go back to re-interview the parties hoping for a new and more enticing tale that leads to an incriminating statement. But, if there HAD been visible signs of an altercation, if the officers failed to investigate further or take action at the scene, they would (or SHOULD) face discipline for their dereliction of duty and violation of policy and state law. And, the OP claims that no one admitted to any battery.

    Absent any admission or statements that a crime occurred, and no apparent visible injury to be acted upon, there is no reason at all to believe that this would ever leave the station - much less be submitted to a prosecutor. But, if we want to add to the mix the strange and unusual, including violation of protocol and policy, and allowing for possible psychic abilities, I will grant that there is a tiny possibility that this could become a criminal matter.

    Clearly something happened to you or someone you know that may have come about from an apparently closed case. I cannot explain an incident of which I am unaware, but taking the OP's statements at face value, there's really no way this matter will get to court.

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