Question about domestic violence charge

[tynwill]

What is the name of your state (only U.S. law)? Alabama

Recently I got in a verbal fight with my husband while my friends (husband and wife) were over. My husband did knock over a cup of tea and throw something extremely small and not threating at me. I did not feel in danger at all. My friend told him to get the h e l l out of the house and he told her to leave. I guess her husband didn't like that because he then grabbed my husband. I got between them to break up the fight but they wouldn't stop. I told my friend who was in the other room to call the police and she told them it was a domestic violence situation. When the police got there I had a visable mark on my arm but I told them I got it from being between them and that my husband didn't hurt me. They arrested him and now when I picked up the police report it says that I told them he grabbed me and he called me a bad word but he didn't. I tried to tell the officer at the station I didn't say that he said it is my word against theirs. I already had to pay $100 to get him out and now an attorney is going to be at least $750 when all he did was defend himself from an attack from another man and get in a verbal fight with me. What can I do? Anyway to get around going to court and paying an attorney?

[justalayman]

Anyway to get around going to court and paying an attorney?

probably not.


The cops presumably took statements from the other 3 as well. If they all support your contention (the one you are claiming to be accurate), after review from the DA it might (and I stress; might) not be prosecuted. If they support the cops written version, best to plan on dealing with this in court.

Since the you disagree with the police report, you might try contacting the DA/PA. Be cautious though. If you attempt to change what you initially reported, you could be charged with filing a false report.

[tynwill]

That is my issue though I NEVER reported that. My girlfriend didn't know what was going on when she called and all the guy said was he thought he was going to hit me and that is why he grabbed him. The officer didn't ever really talk to the gentleman. My girlfriend confirmed that he hit the tea and threw the "small item" and that he was indeed using foul language but not that he called me a name or that he grabbed me. No one said he hit me. The officer assumed I was lying to protect him. The officer's statement says I said that but I didn't and my friends were there and can and will say the same. I think the officer should be diciplined for lying. There was no misunderstanding here. Even when he was taking my husband in he said sure she says that now but what about when you aren't around. And he said go ask her when I'm not around. Is there anything I can do to get the statement amended.

[justalayman]

. Is there anything I can do to get the statement amended.

it is up to the officer so start with him (I think you said you already have) and if no success, speak with his commander. If no success, I would contact the DA/PA and ask to speak to whomever is reviewing that case and tell them of the incorrect statement on the report.