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I'm not pressing charges

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lakeisha9

Junior Member
I live in Lewisville,TX. My boyfriend is scheduled to go to court tomorrow for an arraignment. he is being charged with causing bodily injury on me thru domestic violence. I told the people at the hospital and the cops that came to the hospital (I didn't call them) that I had no intentions of pressing charges. I also told the people from the Denton County prosecution office that I would not press charges because it was an accident. Will they throw this case out?
 
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enjay

Member
Maybe, but probably not. Most battered women are too afraid or blinded by what they think is love and try to protect their abusers.
 

Just Blue

Senior Member
I live in Lewisville,TX. My boyfriend is scheduled to go to court tomorrow for an arraignment. he is being charged with casuing bodily injury on me thru domestic violence. I told the people at the hospital and the cops that came to the hospital (I didn;t cal them) that I had no intentions of pressing charges. I also told the people from the Denton County prosecution office that I would not press charges because it was an accident. Will they throw this case out?
An accident? Explain what happened?
 

mommyof4

Senior Member
Straight answer? No, they won't throw the case out because we citizens of TX have no intention of subsidizing your boyfriend's hobby of beating you up.

YOU never had the option of pressing charges, even if you were gung ho to send him to Huntsville. The state (DA) presses charges. You are, essentially, only a witness to the crime.
 

CourtClerk

Senior Member
Lucky for you (and the next woman he abuses after he leaves you), it is not you that presses charges. Charges are pressed by the People of the State of Texas, so when the case goes to trial it is not Lakeisha9 v. Abusive Deadbeat it is the People of the State of Texas vs. Abusive Deadbeat.

In other words, the prosecutor's office, not you has all the say as to what charges go forward.
 

lakeisha9

Junior Member
explanation of the accident

I was getting up from the bed, he was throwing the stuff off the dresser onto the floor (cleaning everything off the dresser) and when I sat up, a picture frame hit me and cut my face. So I went to the hospital to have it stitched up so that it wouldn't leave an ugly scar.
 

lakeisha9

Junior Member
so is there nothing I can do???

So is there nothing I can do to help him? We have been together for 10 years (college sweethearts) and and as close as he has ever come to hitting me was when he tried to teach me how to play basketball and he bumped into me while trying to rebound the ball.
 

Just Blue

Senior Member
I was getting up from the bed, he was throwing the stuff off the dresser onto the floor (cleaning everything off the dresser) and when I sat up, a picture frame hit me and cut my face. So I went to the hospital to have it stitched up so that it wouldn't leave an ugly scar.
That isn't what happened. Please tell the truth.
 

lakeisha9

Junior Member
reply

That is the truth....no lie :) Believe me....I am all against domestic violence, it sucks that someone thinks they have the rigth to hit people....Believe you me, if he had hit me, it would have been another case....me vs the state on charges of murder (not really murder) but, I would have been telling people," yeah, my face is a little damaged, but you should see the other guy!!!" :D
 

Just Blue

Senior Member
That is the truth....no lie :) Believe me....I am all against domestic violence, it sucks that someone thinks they have the rigth to hit people....Believe you me, if he had hit me, it would have been another case....me vs the state on charges of murder (not really murder) but, I would have been telling people," yeah, my face is a little damaged, but you should see the other guy!!!" :D
Was he angry when "cleaning" the top of the dresser? Why was he "throwing" items off the dresser with enough force to hit you and cause injury's sever enough to need stitches? Your "story" just doesn't make sence. So either you are lying to protect him or minimizing events to make him seem innocent. Just tell the truth....the WHOLE truth.
 

lakeisha9

Junior Member
response to was he angry....

No he wasn't angry. (You're tough :eek:) The whole truth includes that I was drunk at the time of the incident. He was cleaning or moving the items off for whatever reason, I don't know, but I know he was taking everything off of it. I told this to the cops and everything. They didn't come out and take any crime scene pictures, etc. I just went home after I left the hospital and went to sleep...and all was well in the land of Oz ;) But seriously, like I said, it was truely an accident. The frame was shallow glass which is why is shattered when it hit me.
 

mommyof4

Senior Member
If a glass frame hit you with enough force to shatter, then he wasn't just cleaning off the dresser. Glass doesn't shatter just because it happens to tap against someone's face.

You say you were drunk and really don't know what happened. Then how can you POSSIBLY say that you KNOW FOR CERTAIN what he was doing and why he threw a frame hard enough at your face that it shattered and cut you severely enough that you needed emergency treatment?
 

CdwJava

Senior Member
The frame did not leap off the dresser and strike you ... he hurled it at or near you and it struck you or shattered and thus injured you. Your injury was caused by his intentional or reckless act - that IS domestic violence and he can be charged.

No, you cannot do anything to prevent it. You have told the prosecutor that you don't want to aid in the prosecution and I guarantee that they anticipated that (by trial somewhere near 85% of victims recant or refuse to cooperate to such a level as to risk incarceration to protect their abuser).

- Carl
 

LdiJ

Senior Member
That is the truth....no lie :) Believe me....I am all against domestic violence, it sucks that someone thinks they have the rigth to hit people....Believe you me, if he had hit me, it would have been another case....me vs the state on charges of murder (not really murder) but, I would have been telling people," yeah, my face is a little damaged, but you should see the other guy!!!" :D
People don't clean off the tops of dressers by throwing everything on the floor. He may have been mad and throwing things on the floor, and didn't intend for anything to hit you, but you can't expect a court to believe that he was simply cleaning off the top of the dresser.
 

cvdesign

Member
I was getting up from the bed, he was throwing the stuff off the dresser onto the floor (cleaning everything off the dresser) and when I sat up, a picture frame hit me and cut my face. So I went to the hospital to have it stitched up so that it wouldn't leave an ugly scar.
Okay, can I assume that this is what happened?

You go to the hospital (did BF even go with you??). Doctor asks you what happened, looks at your face. Doctor calls the police and reports to them the possibility of abuse (which they HAVE to do if it's suspected). BF gets arrested for DV.

Is that it in a nutshell? If so, I have to say that I've known many, many, many an ER doctor and they rarely ever assume abuse without reason. Chances are, if an ER doctor thought your injury was a result of abuse, a court will, too.

Now, it's quite possible that you, sitting there as a witness, will be able to make a case for your BF's innocence in the matter, but as others have said, you'll be met with considerable incredulity considering how many abuse victims recant later.

I do hope, that if it IS truly "just an accident" that the truth will out ... however, I really think that you're sugar-coating things ... as someone else said, the glass found in picture frames doesn't break easily. It had to involve quite a bit of force for it to break on encountering your cheek.
 

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