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  1. #1

    Question Erroneous Domestic Violence Charge

    My question involves criminal law for the state of: New Hampshire

    Last weekend I was drunk while on my psychiatric meds, which I'm forbidden by my doctor from doing. I because intoxicated, did some stupid things, ended up running around outside half naked with my boyfriend trying to get me to go back in the house. Two women walked up, thought he was raping me, called the police. Because of the volatile nature of the mix of alcohol and lithium, I first agreed with the women and told the police he was raping and assaulting me. I then told the police that he had in fact not raped or assaulted me. They dropped the rape but arrested him for assault and charges are still pending with a restraining order on file. I have filed a motion to drop the restraining order as well as filed a statement indicating that I was not assaulted, however the prosecutor told me that he hasn't even seen my statement and that it could take another week or two before he decides whether to drop the charges. Why is this taking so long? Am I doing myself a disservice if I call the prosecutor again? This is making me ill--I haven't eaten in almost a week and I'm a nervous wreck. My BF didn't do anything and I need this taken care of. It isn't a case of battered woman recanting, it's a case of drunk woman who shouldn't have been drinking :\ What else do I need to do to expedite this?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Erroneous Domestic Violence Charge

    The prosecutor may not believe your recantation, and may be giving you the chance to again change your mind or be interested to see whether there are any more incidents. But the only way you're going to find out what the prosecutor is actually thinking is to ask the prosecutor.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Erroneous Domestic Violence Charge

    It isn't a case of battered woman recanting, it's a case of drunk woman who shouldn't have been drinking :\
    Unfortunately, prosecutors hear this all the time from battered women who ARE recanting. The prosecutor is going to take the proper time needed to fully investigate your situation before deciding whether to pursue charges, because he has a duty to do so.

    If he's so swamped that he can't look into it yet, there's little to do but wait it out.

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