Thursday, February 4, 2010

How does my wife stop false domestic violence charges from filing?

can she get into any trouble. what steps do I take?How does my wife stop false domestic violence charges from filing?
In many places, once she reports Domestic Violence, the state takes over the prosecution.





If she says she lied, she will face charges for filing a false police report.How does my wife stop false domestic violence charges from filing?
She could drop the charges without giving a reason, or if pressed depending on what the situation was just say she was mistaken.





She could be arrested for filing a false report but most likely the prosecutor wont pursue and will decide to drop the charges because they have to prove it was intentional and that is awful hard to do.





Most states now move on with the charges all alone when someone pulls this one, but its awful hard to find someone guilty of a crime when the star witness wont come forward.





She may be granted a temporary restraining order against you even if she doesnt want it but it will fall off within a time period and there will be no punishment.





I know nothing about your case so none of this may work for you.........just telling you how it could go.
If she doesn't want to have you go to jail for domestic, than she either needs to not testify at the hearing, or testify that she was wrong and its not necessary. She needs to drop the charges. She could be charged with filing a false complaint, which isn't good either. If she fails to testify, than you're let go unless the prosecution has enough evidence to carry through without her presence.
Go talk to a domestic violence lawyer. Before things worsen.
Ring the police and ask what the steps are involved to withdraw the complaint
she has to call the states attorneys office to get charges dropped

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