QUESTION

How can I get domestic violence charges against my ex dismissed?

Asked on Mar 20th, 2012 on Criminal Law - California
More details to this question:
During a dispute where I was reportedly hysterical (I do not remember I was very drunk at the time) my friend restrained me from harming myself. He called the police for assistance, but was arrested on domestic battery charges because of a bite mark on my chest. This mark may have been given during a consensual intimate encounter. I have never experienced violence or aggression outside of consensual encounters with this person and fear this is a runaway train of misunderstandings taken out of my hands by the legal system. How can I help get these charges dismissed? I have not been subpoenaed and he has (obviously) requested I do not contact him or speak to him at all. He has obtained counsel that has not contacted me. He also threatened to counter file battery charges to get even for the issue. I did not file these charges so I cannot simply dismiss them. I am at a complete loss for what I can do to help the situation; I do not believe he deserves the charge, but every time I've followed up with the police they treat me like I'm suffering from Battered Woman's Syndrome and I fear I am only making the situation worse. I have asked a lawyer what to do; he says we cannot do anything until I am served something, then we can react. At this point the court date is in 8 days and I feel like I should have been notified of something at this point. I don't want to let time continue to just pass by because it will be at my ex's expense if I don't act on something I should be acting on. Please advise.
Report Abuse

6 ANSWERS

Get a smarter lawyer. Of course he can do something. He can call the DA now, not wait until you are subpoenaed and tell the DA you will not testify because there is a 5th Amendment issue - the DA will get that you filed a false police report and will drop the case. Your boyfriend is better off dropping you.
Answered on Apr 13th, 2012 at 1:47 PM

Report Abuse
As the alleged victim of a crime the defendant's attorney has the right to request an interview with you. This you may accept or not. In your case you should contact his attorney and tell him your story.
Answered on Mar 26th, 2012 at 2:23 PM

Report Abuse
Get an Attorney who will take affirmative action on your behalf to straighten out this situation before it really gets out of hand. Your ex's future and possible jail time are at stake. Don't let him get punished, possibly get jail time, and get a criminal record, by your inaction.
Answered on Mar 22nd, 2012 at 7:43 PM

Report Abuse
Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
Update Your Profile
You can not. That is the problem with pressing charges to gain an emotional advantage. When you cool down, you find it is out of your hands. You need to contact a lawyer of your own to end the process without you getting in trouble.
Answered on Mar 22nd, 2012 at 11:51 AM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Generally you can't, not once you've filed them. Police and prosecutor policy is to vigorously prosecute, no matter the tearful recanting by the victim and protestations of his innocence and her love. He needs a good attorney, and for you to cooperate with them. If you end up also charged with any crime or a restraining order is sought, immediately hire an attorney and say nothing.
Answered on Mar 21st, 2012 at 5:11 PM

Report Abuse
He needs a lawyer. Pure and simple. If you go to court and try to explain this, the prosecutor will laugh you out of court. They've been trained to deal with recanting witnesses, because in 90% of all DV cases the couple makes up and accusations are recanted. The prosecutor won't fall for it.
Answered on Mar 21st, 2012 at 3:47 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters