QUESTION
If my husband hit me and no cops were called, but we started going to couples counseling, can charges be brought against him anyway?
Asked on Jan 10th, 2014 on Personal Injury - Texas
More details to this question:
The therapist called DCF. Can charges against him for hitting me be brought against him against my wishes?
8 ANSWERS
Yes. It is very common for one spouse to beat up the other but the injured spouse then does not want to press charges. The DA can still prosecute, but the problem then becomes one of whether there is enough evidence of your having been beaten up by your husband, unless you testify against him.
Answered on Jan 16th, 2014 at 9:07 AM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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The District Attorneys office would have to agree to file criminal charges. Depending on the County, most District Attorneys office will not file a criminal complaint unless the police were called to the scene of the incident or the victim complains loudly enough and demands that a criminal charge be filed.
Answered on Jan 14th, 2014 at 4:54 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes, it is possible, but if the police were not called in, it is unlikely that charges will be filed unless you request the same.
Answered on Jan 14th, 2014 at 4:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The counselor is obligated by law to report the incident.
Answered on Jan 14th, 2014 at 4:32 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Assault is a criminal offense against the state, not you. if the state wants to lodge charges they can and can force you to testify with a subpoena.
Answered on Jan 14th, 2014 at 4:31 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, but probably not successfully. I doubt he will be prosecuted under the facts as you describe them.
Answered on Jan 14th, 2014 at 4:30 PM
Civil Litigation Attorney serving San Antonio, TX
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The Law Office of Kelly Kelly
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Yes charges can be brought against him against your wishes. Many states have laws making it illegal for therapist not to report suspected abuse.
Answered on Jan 14th, 2014 at 4:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, charges can be brought against him against your wishes, and you can be subpoena'd to testify. In that event, your husband's lawyer can advise him as to whether a wife can be compelled to testify against her husband in your state. Often, though the police and DA's office are not very interested in pursuing a matter in which the victim does not want the prosecution to move forward. If it does, your husband's lawyer will probably be able to work out a deal (conditional discharge, anger management, etc.)
Answered on Jan 14th, 2014 at 4:28 PM