How to get my boyfriend's battery charges dropped/dismissed?

[MissShar2k12]

My live in boyfriend of two years is being charged with Battery with Family Violence due to a drunken fight we both had. I ended up with a ruptured ear drum, I was later told this when I went to the hospital. I NEVER called the police, the hospital did. It was then that the police officer issued a warrant for his arrest. At recorder's court, I was told by the judge that the charges could not be dropped. However, I was told it was also up to the D.A...I spoke with the D.A and requested that the charges be dropped. I never wanted anything to happen to my boyfriend. Again, I never called the police. I knew I was drunk and couldn't remember the exact details. How can I go about convincing the D.A to drop the charges and dismiss the case?

Has any one ever got their boyfriend/girlfriend's battery charges dismissed? If so how...?

[Apath4]

Domestic violence charges can not be dropped by the individuals involved unless it is dropped by the state.

Reason: Sometimes someone in the house could constantly be getting attacked the person getting assaulted could be mentally confused and think it's okay or that was the other persons last time doing it or it was an accident and keep running back because the person doing the assaults make them think they love them. Now when the person that gets assaulted shows up dead the next time its the states problem because they dropped the initial charges. So because you went to the hospital and they called the cops. They have witnesses that you were attacked and since you said you're boyfriend beat you up. Those charges will not be dropped. They may be dropped by you but the state will probably bring those charges up against him..

I know this because when my older brother and little sister got in to a fight when he was 13 and she was 10 . He restrained her from hitting him. My brother is not violent at all would never hit a girl or any one for that matter. My sister called the cops and said he was choking her because she was mad. The cops came and because it was domestic and not just some random fight on the street. When she called down she couldn't drop the charges. but the court messed up some how and my brother never got charged.

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[Apath4]

Lieing under oat will put you in jail

[pr3ttybr0wn]

The state often doesn't drop the charges because abused victims often have psychological reasons like stockholm syndrome and do not want their attacker to face the music, so the state does it for them. I know that you probably don't see it that way now, but its for a good reason that they won't drop the charges. he busted your eardrum during a drunken fight. what's gonna happen during the next fight? must have been pretty bad if other people felt the need to call the cops

[MissShar2k12]

Well, I was told it was standard procedure to call a police officer when someone has any type of trauma during a fight, or domestic dispute. I too beat the ish out of my BF, I threw a fan at him, and hit him a few times with my bare hands. But I was the one left with the heavy injury.

[pr3ttybr0wn]

because you're weaker than him. you hitting him a few times with your bare hands wasn't sh*t compared to the force of his hits on you. so you can't really say its mutual combat like its 2 men fighting, or 2 women.

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[stubbsy]

The charges won't be dropped, because all they want is a conviction, but what you can do is when they call you as a witness, you mention that you went for him and he acted in self defense, this will damage their case resulting in it being dropped and him aquitted, he needs to imply that he is innocent all the way, because they have to prove he is guilty, and by you the prime witness, will say as far as you are concerned, he acted in self defence, this will end proceedings and the distrct attorney will have to explain why all the evidence was not taken into concideration,

[MissShar2k12]

What if I choose not to testify altogether? I do plan on testifying, but what if I don't? I also plan on meeting face to face with the D.A. tomorrow and letting him know that my boyfriend did in fact tried to defend himself. I threw a fan at him, and hit him with my bare hands a few times. But I was the only one who sustained injury (ruptured ear drum)...

[stubbsy]

Not testifying could still lead to a conviction. I don't know why the police have not got a statement from you, but even so, your not going to be able to stop this going to court. If you tell the DA that he was acting in self defence, they might not call you as a witness, but its still worth a try, but when in court, your only option is to explain when cross examined that you believe that your boyfriend was acting in self defence. is there any other witnesses?

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[stubbsy]

OK you can ask the DA that you wish to withdraw your statement because you attacked him first which resulted in him hurting you, but not deliberate, they do have to prove that beyond doubt he assaulted you, and without calling you and using you as a witness, they cannot prove this. so get a lawyer, because your closing statement in this case is vital, because they will not be able to prove apart from you, that this is what happened, and the case gets thrown out.

[taster]

I am not an attorney but I don't think you can claim spousal privilege because you are not married..in other words they can force you to testify unless you are man & wife..if you do not testify, they can jail you for Contempt of Court and if you lie (and they can prove it) then that would be perjury (lying while under oath) Perjury, by the way, is a felony...You had best consult an attorney before you get yourself in bad trouble...(:

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[taster]

I am not an attorney...just remember that anything you DO admit..you will not be able to recant later..All three of those scenarios you asked about will sound suspicious with regards to your bf...if you testify that it was self-defense then that would help him...but..then might you not be charged with assault? Need to consult with an attorney...before you get yourself in trouble or cause even more for him...

[WeaponZero]

Unfortunately it's out of your hands. You see, many states have adopted a domestic violence policy wherein if police intervene for any reason, charges are pressed by the people (the state) and not the victim. This is because there have been too many cases where a woman would call the cops on her abusive boyfriend then have the charges dropped the next day. They got sick of that so they took it out of the victim's hands entirely.

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[bacca400]

> They will have to prove that HE hit me right?

That depends on the definition of "battery" in your state. In Michigan, it's battery if someone throws something at me. Assault is more like unwanted touching or punching someone.

[Anonymous]

Cases are useless without evidence.

You got a ruptured ear drum. Something hit you really hard. You probably looked beat too.

So... they will be going on this if they ever go to court. They would greatly welcome your testimony, but they can still convict without it.

If you're dead set on making sure he's not convicted, do what you can to eliminate the evidence, which is you. (Don't kill yourself but don't look injured)

"I was drunk" isn't a valid defense from what I understand.

[MissShar2k12]

well, the injury occurred Dec 16th 2011.They didn't arrest him until Jan 27th 2012. We were sleeping so good when they came knocking on our door. They didn't realize I was the "victim". The officers told him that I could easily get the charges dropped since we're still together and all was forgiven. They said I should recant my story,"say it didn't happen and the charges will be dropped most likely." The DA said if he is convicted the only penalty is taking a class. But I want the charges dismis

[MissShar2k12]

At the first hearing, my boyfriend pled NOT GUILTY. They will have to prove that HE hit me right? The evidence they do have is the doctor's report for the injury (not sure if they actually have it or not), and my statement to the police officer. What if I tell them I really don't remember what happened? Or I "thought he hit me and he didn't, or he accidentally pushed me and I freaked?

[Anonymous]

You can't. If they allowed that sort of thing, a battered woman could be intimidated into dropping the charges.

You may not feel like it was his fault, but the law is the law. He assaulted you and that warrants arrest.