Withdraw charges?

[graceneedshelp]

I recently filed charges against my husband for domestic assualt. He was arrested and placed in jail within 5 hours of the report. He has a court date October 7th, am I able to drop these charges? We are in TN.

 

[not2cleverRed]

Why do you want to drop the charges? Did you falsely accuse him?

 

[stealth2]

YOU didn't actually file cgarges - the state did. So it's not on you to drop them.

 

[graceneedshelp]

no

I did not falsly accuse him i had marks to prove it.

 

[Zigner]

I did not falsly accuse him i had marks to prove it.

Then why on Earth do you wish to have the charges dropped?

 

[not2cleverRed]

I did not falsly accuse him i had marks to prove it.

Exactly.

And getting those charges dropped would do... what? Make life easier, because you won't have to explain what's going on to family and friends? Make life easier because the lifestyle you've become accustomed to can be preserved, even if it requires getting marks occasionally?

His doing that to you wasn't a mistake.

He should handle the consequences. A real man would.

 

[Zigner]

He should handle the consequences. A real man would.

I disagree - a real man wouldn't be in the situation in the first place.

 

[Just Blue]

I recently filed charges against my husband for domestic assualt. He was arrested and placed in jail within 5 hours of the report. He has a court date October 7th, am I able to drop these charges? We are in TN.

No you can not "drop the charges" .

You can comply with the DA or not. The "or not" may bite you on the a$$.

 

[rangersabata]

I did not falsly accuse him i had marks to prove it.

Like what marks?

Did you refuse medical care?

I'm sorry, but if you had something serious you would have specified it up front- bone fracture, bruises, scratches? Whenever I hear vague terminology that usually means something is not as it seems.

Is it possible you went too far in your accusations?

 

[Proserpina]

To answer the next question ...

No, you cannot hide behind spousal privilege. TN, as with most states, has made an exception to that privilege; this means the court can compel you to testify against him.

 

[CdwJava]

Like what marks?

Did you refuse medical care?

I'm sorry, but if you had something serious you would have specified it up front- bone fracture, bruises, scratches? Whenever I hear vague terminology that usually means something is not as it seems.

Is it possible you went too far in your accusations?

VISIBLE injury is evidence of a crime. There may be an alternative explanation, but it is generally sufficient probable cause to support an arrest and even prosecution. We try not to wait until we have serious bodily injury such as broken bones or free-flowing blood before we act to protect a victim and arrest a suspect.

The victim/witness merely explains what happened and the police make the determination of charges along with the DA.

 

[Silverplum]

Like what marks?

Did you refuse medical care?

I'm sorry, but if you had something serious you would have specified it up front- bone fracture, bruises, scratches? Whenever I hear vague terminology that usually means something is not as it seems.

Is it possible you went too far in your accusations?

Whenever you hear vague terminology? When in your post-deleting (less than 20 standing and most made today) life did you develop a wide-ranging grasp of domestic violence, the victimology, the criminal mind?

Pshaw.

 

[not2cleverRed]

Like what marks?

Did you refuse medical care?

I'm sorry, but if you had something serious you would have specified it up front- bone fracture, bruises, scratches? Whenever I hear vague terminology that usually means something is not as it seems.

Is it possible you went too far in your accusations?

Dude, you just need to get an attitude readjustment.

Your sudden interest in the DV section after your problems with you wife cheating on you would seem to indicate that you have problems of your own. Got a restraining order against you?

YOU DO NOT LEAVE MARKS ON YOUR PARTNER OUT OF ANGER. Period. Bruises on the wrist from where you grabbed her - that's abuse. Toss a stale piece of bread and it hits her face - that's abuse. Punch her repeatedly where she is heavily padded by clothing and it leaves no mark at all - that's STILL abuse. *LEGALLY* abuse.

This is a *LEGAL* advice forum.

 

[rangersabata]

Dude, you just need to get an attitude readjustment.

Your sudden interest in the DV section after your problems with you wife cheating on you would seem to indicate that you have problems of your own. Got a restraining order against you?

YOU DO NOT LEAVE MARKS ON YOUR PARTNER OUT OF ANGER. Period. Bruises on the wrist from where you grabbed her - that's abuse. Toss a stale piece of bread and it hits her face - that's abuse. Punch her repeatedly where she is heavily padded by clothing and it leaves no mark at all - that's STILL abuse. *LEGALLY* abuse.

This is a *LEGAL* advice forum.

She didn't say bruises or being punched. That's your imagination.

Look, anybody can allege violence, but if the evidence doesn't match the story, then it does not hold up. You need to think rationally and analytically. That means with skepticism until fully proven guilty.

 

[CdwJava]

She stated she "had marks" - this means "visible injury." That's enough for an arrest. The suspect is free to bring up an alternative theory as to how she received the marks. In the meantime, he went to jail and she has an opportunity to receive counseling and to get her head straight to get away from her abuser ... here, I'll throw you a bone ... to get away from him IF he actually attacked her (which she alleges he did).