Avoid this common MISTAKE when victim wants to drop domestic violence charges (Part 3 of 7)
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- Äas pĆidĂĄn 9. 07. 2024
- In this video, we're continuing our series on how to avoid making common mistakes when you're arrested for PC 273.5 domestic violence. This is part 3 of 7.
If you're thinking about dropping charges against your partner, be sure to watch this video series! In this series, we'll discuss the different steps you need to take to avoid making a mistake that could lead to a criminal record and ruined reputation. We'll also discuss how to protect yourself if your partner decides to go to the police. Stay safe and don't make the same mistakes that others have!
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The problem is, once "the victim" uses the police, the courts, and protective orders against their sibling, the sibling who is the scapegoat is likely going to be more interested in his own safety than preserving the family relationships. My sister filed a stalking injunction against me in 2015. She has continued her smear campaign against me since then. My mother was an enabler. I finally had to walk away from all the drama because I was done with the gaslighting, the abuse, and general family dysfunction. I don't hate my sister and my siblings and I wish them well, but they can no longer be part of my life after what they did around the time of my parents' deaths 4 years ago. I will try to forgive them for me because I don't want to hold a grudge, but I also must protect my interests.
Letâs say the victim wants to drop all charges towards his partner, but the DA wants to continue pressing charges and take it to trial? My friend is 5â1 and her partner is5â 11 and has a background in martial arts. He weighs over 250 pounds and she weighs 120 pounds. I believe the reason why the DA wants to continue to take her to trial is because she was a former police officer. I donât believe her Attorney talked to the DA before going to court but the victim sent an email to the DA clarifying how he wants to drop all charges and his reasoning was to take everything away from her, and he provoked her intentionally.
The DA can keep pressing it. I've had trials like this. They'll try to use the victim's statements at the time (especially if there was bodyworn video) and argue that the victim was telling the truth then but is lying now.
In those cases, it's very important to:
(1) argue to the judge that any interview of the alleged victim is inadmissible as hearsay. (It might or might not be. This is a very fact-intensive analysis.) If any parts of it are, then the attorney should argue that those should be redacted (meaning that the DA better know how to edit video or won't be able to use the video at all).
(2) have a very good explanation as to why the victim lied initially. The victim will have to sell this to the jury.
This is not something the victim should do on their own. The statement that you mentioned: "The victim sent an email to the DA clarifying how he wants to drop all charges and his reasoning was to take everything away from her, and he provoked her intentionally." could be problematic. "He provoked her intentionally" makes it seem like she did commit domestic violence of some kind, but he drove her to it. The victim driving the defendant to commit domestic violence is not a legal defense.
Also, by explaining the victim explaining (especially in writing) the reason that they want charges dropped or initially accused the defendant, they are tying themselves to that statement. If the victim is a man, one plausible reason might be that he was afraid that he otherwise would be arrested. Another would be that he was the aggressor. But if he tries to change or add to his story, the DA can use the email to show that he is being inconsistent.
I was arrested for domestic violence against my husband and have my next trial on the 8th. The DA is the one pressing these charges as my husband and me worked things out once I got released from jail. Before I went to jail though I was in a mental hospital because on the night of the incident I tried to take my life because I thought Iâd ruined my marriage and lost everything. So the police werenât able to arrest me the day of the unfortunate event due to the jail not wanting to accept me until I got evaluated and once out of the hospital I was home with my husband for three days until they came and arrested me on a warrant the DA filed. I have borderline personality disorder and documented proof of my disorder and more mental health problems. I am currently on probation. My public defender said theyâll be doing the mental health diversion and rehabilitation program. Iâm nervous Iâm still going to jail or that thereâs a possibility they wonât accept the offer of rehabilitation program and Iâm facing maximum of seven years in prison which my husband doesnât want at all. Heâs very devastated by the predicament as am I. But Iâm just wondering if I have anything to worry about. It wasnât my first time being arrested for domestic violence but those charges werenât committed against my husband it was a different guy from my past and those charges were dropped due to lack of evidence because he was lying and using the police in an abusive form to control me and make me fear everything about the police. I have severe PTSD from all these incidents. And Iâm also wondering if nurses can press charges against a patient for assault when they were taken on a 5150 and deemed mentally unstable and a danger to self and others. I have two nurses trying to press charges on me but my husband who is a retired medical practitioner who worked in hospitals and NICU said that a judge wonât even acknowledge those charges because I have borderline personality disorder and if a nurse canât handle a mental health patient and their Time of crisis then they shouldnât be able to handle mental health patients. I was just wondering if those charges could stick and if that could change my ability to get the diversion program. I feel terrible about that night and have paid my dues. My husband loves me very much and would do anything for me as I would him. I just am concerned because I donât want to be taken away from my husband again it causes him a lot of stress. Please donât judge me anyone who might be reading this. I had a severe attempt on my life and I already judge and shame myself enough I donât want or need random people online to criticize me or judge me for something I know was wrong and Iâm paying the consequences. I am trying my hardest with the mental issues I have. And I am more concerned for my husband than I am myself. Thank you for taking time to read this!
At 5 minutes into this video. What you are saying is absolutely one hundred percent true don't make that mistake. Speaking from experience upon the nether experience upon a another experience and probably four more before that.. So take it from someone as learned. It never changes you can't change them... You can only change yourself and self love
What document needs to be filled out to drop the court order of not being able to get back in my house .
So far DVRO was dismissed. She wants me back but what should i do to make sure its a smooth process. Have court for custody in February and Mediation through Zoom in January. Im taking classes. Anger management. Parenting and substance abuse. I volunteered.
Iâm facing a domestic violence case as of right now. Me and my ex-girlfriend are 23 me and her had got into an argument and she called the cops on me and said I tried to beat her when all we did was just yell at each other. A couple days later I got arrested and spent three months in jail. I have a text proving that she was mad at me that night but I feel like itâs not gonna be enough. Is there anything I can do to prove that it was a lie because her roommates are also on my paperwork and they werenât even there.
I'm just gonna call the elephant in the room.
And that is, domestic violence is just a fancy word for weaponizing the police. For someone's beneficial perpose fueled on a emotional outburst. The only reason they're having a motional outburst is because they don't understand or they're perception of something either is incorrect or most times heartbreaking, and that's tuition. They don't know how to act behave and then make up that the person has a gun or all sorts of other things. And they get shot and killed.
situation.....aka, acting extra!
I just got the question. Where's the love and/or logic of common sense? When police take these calls and go and just agitate the situation on a epic. Level to wear even people's lives are lost.
Screw biden and screw trump put me in there I got this shit y'all.....
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