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  1. #1
    sasparkle is offline Junior Member
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    assault charges and "motion to dismiss"

    What is the name of your state? AZ

    Assault charges were filed against my husband, after an arguement between myself, him and my son (a minor). He never hit anyone, but did push and shove, as well as being verbally abusive. We left the house after the incident.
    We are now trying to reconcile, but he still has to face the charges against him. I did not file it; the State did - thus I cannot "make it go away". He did not show up for the court hearing (he left the state). Now he has a warrant - and wants me to go to the court and file a "motion to dismiss", since the state has no evidence? I am worried - can I, as the "victim", be his representative in court? I'm not comfortable doing this..but will if it will help him. Any advice, please?
  2. #2
    stealth2 is offline Senior Member
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    Your husband did an extremely foolish thing in not appearing. There is nothing you can do on his behalf, except perhaps find him a good attorney. He's going to have to appear, and this is not just going to go away.
  3. #3
    sasparkle is offline Junior Member
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    The reason he did not appear was because he (and I) were unaware of a court date - nobody knows an address for him because he moved out of state!
    Will filing what he calls a "motion to dismiss"be helpful to him at this stage, or will it make matters worse?
    Thanks for your advice!
  4. #4
    JETX is offline Senior Member
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    "Now he has a warrant - and wants me to go to the court and file a "motion to dismiss", since the state has no evidence?
    *** You can't remove this problem.... actually what is now TWO problems.

    He will now have to face both the issue of the domestic assault AND the FTA (Failure to appear).

    "I am worried - can I, as the "victim", be his representative in court?"
    *** No. Laws were changed several years ago to remove the victim from the issue of prosecution. Simply, the investigating officers can testify as to the evidence that they saw and, more than likely, get a conviction against him.
  5. #5
    stealth2 is offline Senior Member
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    He needs to speak with an attorney in AZ. The courts are not going to look kindly upon him and he needs professional help.
  6. #6
    stephenk is offline Senior Member
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    you have no more power to file a "motion to dismiss" than I do. If you and he were to trying to reconcile, how is it you didnt know where he was living?

    your hubby now has a warrant against him. any contact with law enforcement will result in being put in jail until the case is resolved.

    Plus he is wrong that there is no evidence. There is plenty of evidence - your testimony, the police testimony regarding what they saw and what you and hubby said, tapes of 911 call, neighbor testimony if they were the ones to call 911, any photos of injuries, your son's testimony. Even if YOU decide not to testify, the rest of the evidence is still admitted.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  7. #7
    sasparkle is offline Junior Member
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    Stephenk, HE wants to write the "motion to dismiss" but wants me to FILE it and represent him...and even while we are trying to work things out, he isn't giving me his address, although I do know in what state he lives now.
  8. #8
    stephenk is offline Senior Member
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    he can file it all on his own. he puts the motion in the mail and addresses it to the court with the proper filing fee. Since he failed to appear at the last hearing, dont expect the court to grant his motion.

    You cannot represent him.

    Does he know he will have to put his current residence address on the motion? the court will not accept a pleading without his address and phone number.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  9. #9
    JETX is offline Senior Member
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    "HE wants to write the "motion to dismiss" but wants me to FILE it and represent him..."
    *** Clearly, you (and/or he) have no idea of the seriousness of this matter.
    First, a 'motion to dismiss' is used to dismiss a CIVIL action and is filed by the plaintiff to stop the CIVIL lawsuit.
    Second, the ONLY person who can decide to not pursue this charge is the prosecutor. You nor he have ANY say in that.

    "and even while we are trying to work things out, he isn't giving me his address,"
    *** He doesn't need to. Simply, one of these days, he will be stopped for a traffic violation and/or have his ID checked by law enforcement. And when that happens, he will be arrested.

    "although I do know in what state he lives now."
    *** Right?? And of course, he isn't staying with family or friends in that state that YOU already know, is he??

    And lets not forget, once the police or prosecutor get REAL curious and pull your phone bill, they will not only have his phone number (and be able to locate him), but could consider filing criminal charges against YOU.
  10. #10
    sasparkle is offline Junior Member
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    Thank you all for the replies and advice. You have been very helpful.
    JETX, don't assume anything - I am a foreigner and do not have any friends or family in other states that he may live with. As for his phone - he still uses his Phoenix number. Why would I be implicated or charged when I'm doing nothing wrong but trying to help a complicated situation - I'm certainly not lying about anything.
  11. #11
    stealth2 is offline Senior Member
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    Originally posted by sasparkle
    Thank you all for the replies and advice. You have been very helpful.
    JETX, don't assume anything - I am a foreigner and do not have any friends or family in other states that he may live with. As for his phone - he still uses his Phoenix number. Why would I be implicated or charged when I'm doing nothing wrong but trying to help a complicated situation - I'm certainly not lying about anything.
    I believe Jet meant HIS friends and family, not yours.

    As for the phone - how does he use his number to call you? Or do you call that and leave a message which he picks up and then calls you? He really is digging himself a huge hole here, and you're not helping him. While you may not be lying, you're not being truthful either. What both of you need to understand is that this situation will NOT go away on it's own. The longer he hides and ignores it, the less amused the court will be. Get him the name of a lawyer and have him sort it out.

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