domestic dispute charges/report

What is the name of your state?Florida

My wife and I had a dispute,during which she cut me and I hit her to force her to drop the knife.

I left town for a few days, during which she has filed a report against me.She informed me that there is a warrant for my arrest. I have since spoken to the assigned detective twice, who informed me that there was no warrant, and that he has to hear her side and my side, before any determination is made. He also said that she is being malicious against me, by lying about what was actually happening.She also called my pastor and lied to him about the incident and warrant as well.

I am scheduled to speak with him on Wednesday. She goes tomorrow. This is a 1st time offense for me, I have no record. (working man) What are my options? Can I file charges against her for cutting me? The marks are still on my hand and arm.

Thanks

Please,someone help me:I am new to all of this.

[CdwJava]

The injuries might help ... but, here is what also could happen. She may allege that she held a knife up to protect herself from you. So it can essentially be her word against yours.

You might consider obtaining an attorney prior to speaking to the detective. Do you have to? No. Should you? I would. If they have enough to arrest you, they probably will. Your statement MIGHT help them conclude the case is unprovable, or, it might be sufficient for them to conclude you should BOTH go to jail.

Talk to an attorney.

Oh, and I assume the marriage is over? If things have gotten to this point, that's what we call, "a clue". If you choose to stay, don't be surprised if this happens again and again ... statistically, it almost certainly will.

- Carl

Yes, in my heart, the marriage is certainly over. She called me this morning, asking me if I am ok.I think she called because she is realizing that her filing a report can have consequences for her as well.

I unfortunately cannot afford an attorney. Will the court appoint one for me?

[CdwJava]

If you do not have the financial means an attorney can be appointed for you after you have been charged - not generally before.

If you talk with the police, anything you say can be used against you ... so remember that.

So, you have some serious thinking to do.

- Carl

I know: very serious.

I am going to press charges against her.She only only them about my striking her, but not of her actions.

Twice now she has lied about the warrant and charges.He told me point blank that that is not true. I believe that, to the detective, this brings doubt to her credibility.

Do u agree?

[CdwJava]

Originally Posted by the artist

I know: very serious.

I am going to press charges against her.She only only them about my striking her, but not of her actions.

Twice now she has lied about the warrant and charges.He told me point blank that that is not true. I believe that, to the detective, this brings doubt to her credibility.

Do u agree?

No. Since these were not legally sworn statements, but merely emotional statements to acquaintances, they will likely have little bearing on her credibility (at least in court). Besides, she will argue that she was led to believe a warrant would be issued. So unless she has a history of telling whoppers of all kinds, I doubt this will play out much.

But, she may have rubbed the detective the wrong way - it's possible.

The detective is probably having a headache because he sees this case as going nowhere because you are both pointing fingers at each other leaving him with few choices. And, chances are, no matter what choice he makes the two of you will be back together soon enough.

He can probably support an argument for either one or both of you to be arrested. If either of you has a criminal history that may make a big difference in the decison-making process.

Hopefully there are no children involved in his mess.

- Carl

To my knowledge, she has no criminal record. Neither do I. Concerning her telling lies, it is already proven that she has lied to my Pastor about all of this.

I really don't want to press any charges against her. I will if I have to. Our son is in the middle of this, and it is my desire that we BOTH get much needed counseling.

I have been told that the most I am facing is possible probation and anger management classes. She told me this morning that she signed up for counseling.

This was a situation that just got out of hand.

[CdwJava]

Lying to someone about the situation is not going to effect her credibility a whole lot. I will wager for every person you can put up saying she lied, she'll find a lie in your past as well. It will be moot. Unless you can parade people up on the stand that will attest that she is always making up tales, this will likely go nowhere.

Besides, any conversation to the pastor may well be priveleged.

So stop looking to attack her credibility based on a few conversations with acquaintances - that won't help you.

You're probably right on the sentencing. But don't be surprised if the police roll their eyes the next time this happens as statistically two things are going to occur: you will get back together, and it will happen again ... though it will probably occur several times before the police are called again.

Good luck.

- Carl

Yep,thanks.

I don't know:I do love my wife still. I feel that if we both got counseling, things could work out. Maybe I am just stupid.