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  1. #1
    Join Date
    Jun 2008
    Posts
    5

    Unhappy My Husband Is Facing DV Charges For No Reason

    My question involves criminal law for the state of: PA

    Hi everyone:

    I have a really big problem here........ Thursday night, I got very, very drunk, blacked out, passed out and fell. When I came to, my hubby was standing over me trying to help me get up. I called the cops on him for DV b/c I though that he had hit me. I did not press charges; however, the cops did.
    I went to the hospital b/c I had a concussion (self-induced), and now we have to appear before the DA on Monday. How can I get these charges dropped on him, and filed against me for creating a false police report. My hubby is a good man, and has never laid a hand on me. I have consulted alchohol treatment for myself, b/c I am the one that needs help and not him.... Thoughts??? Answers???

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: My Husband Is Facing DV Charges For No Reason

    First, there is a reason that your husband is facing these charges... you called the police and reported him.

    Second, a very large percentage of DV victims change their story...

    You wll have to be very convincing.

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

    Default Re: My Husband Is Facing DV Charges For No Reason

    You realize, of course, that the location and nature of your injuries will determine whether your tale of falling down and injuring yourself will fly. Injuries inflicted by an assault WILL be different from those inflicted in a fall to the ground.

    Perhaps you had better think this thing through before you risk potentially taking the stand and committing perjury.

    On a side note .. It has always struck me as odd that victims will risk jail for perjury to protect an abuser, yet the abuser will not take the fall to protect their victim ... it's a one way street of caring.

    - Carl

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: My Husband Is Facing DV Charges For No Reason

    I didn't want to say anything, but I agree with you, Carl.

    9 out of 10 times, what starts with "he never hits me" goes to "well, there was that one time" to "only when he is drinking" to "only when I am drinking" to "he is really a good man and I make him so angry."

  5. #5
    Join Date
    Jun 2008
    Posts
    5

    Default Re: My Husband Is Facing DV Charges For No Reason

    Truly, I am not a battered person. I am educated, smart, and certainly would not stay w/ an abuser. I am serious here..... I am the one that got drunk (my husband was sober), fell and hit my head.... I did not file charges, but the police did, and now I am living in a virtual hell b/c I know that he is innocent. He owns his own business, and this could affect his livelihood. I need to get his name cleared, and I need to face up to what I have done!

  6. #6
    Join Date
    Jun 2008
    Posts
    5

    Default Re: My Husband Is Facing DV Charges For No Reason

    When I fell, I hit the patio table and sustained a concussion to the front of the head, and a scrape on my nose. So, I had a know on my forehead, and a scrape on my nose. What do you think?

  7. #7
    Join Date
    Jun 2008
    Posts
    5

    Default Re: My Husband Is Facing DV Charges For No Reason

    What do you mean by convincing? I wrote letters to both the judge and police officer in this case explaining that I have an alcohol problem, blacked out, and then accused my husband. He has never laid a hand on me, and I am the one w/ the problem. I am now attending AA and meeting w/ an alcohol counselor.... I just want to clear his name, recover as an alcoholic, and move on with my life....

  8. #8
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: My Husband Is Facing DV Charges For No Reason

    I am saying that you and your husband both will automatically be assumed to be lying about the origin of the abuse.

    Very few people trip and fall and then call the police and report they have been abused.

    Very few.

    Like none.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Husband Is Facing DV Charges For No Reason

    As people have tried to explain, your husband faces domestic violence charges because,

    • You called the police;
    • You told the police that he hit you; and
    • You had injuries consistent with his hitting you.

    That's a far cry from "no reason".

    As you've also been told, your injuries will typically reflect the manner of your injury. There are almost certainly pictures of your injuries, and possibly also a medical report. Your husband's lawyer can review those with an expert to see if they are consistent with being hit in the face, falling and hitting a table, or if they're inconclusive.

  10. #10

    Default Re: My Husband Is Facing DV Charges For No Reason

    Have a alcohol problem, oh yeah it really sounds like your smart and educated.

    I find it kind of hard to believe that you just fell and hit your head on the table and called the police. There is more to the story than you are telling us, but being that drunk you probally forgot.

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