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When You Are A Witness In A Domestic Case Do You Have A Say In The Case?

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PALADIE

Guest
What is the name of your state? PA,TO MAKE A LONG STORY SHORT , I GOT INTO A SPAT WITH MY DAUGHTERS FATHER, WE EXCHANGED WORDS AND IT GOT HEATED, I TRIED TO PUSH HIM OUT MY HOUSE ONCE HE STARTED TO GET UPSET AND HE PULLED MY OUT THE HOME,IN THE MUDD SO I ATTACKED,WELL I CALL THE POLICE AS HE IS LEAVING BECAUSE I WAS AFRAID, HE NEVER ACTED LIKE THAT BE FORE,THE POLICE COME THE ASK ME WHAT I WANT TO DO, OUT OF ANGER ,I TOLD THEM TO PRESS CHARGES, I NEVER HERD ANYTHING FROM THE OFFICER, HE GAVE ME A CARD THAT NIGHT ,TOLD ME IF HE CAME BACK OVER TO CALL 911, WELL I GET A CALL FORM THE OFFICER LIKE 3 MNTH LATER TELLING ME TO COME TO COURT, I TLD THE OFFICER THAT I DIDN'T WANT TO GO THREW WITH THE CHARGED HE SAID HIS APPOLGIES AND WE WANT TO WORK ON A RELATIONSHIP FOR OUR DAUGHTERI NEVER HEAR ANYTHING AFTER OCT,3 THEN I GET A SUBPOENA IN THE MAIL?DO I HAVE CHOICE TO TALK ?DOES MY VOICE MATTER NOW THAT THE CASE IS COMMONWELTH OF PA VS. HIM??????
 


dequeendistress

Senior Member
Did you read the red letters at the top of the page?

Show up at court and explain to the judge that you want to drop charges, or call the Prosecuting attorney and tell their office.

If the officer did NOT press charges,(had he seen injuries he may have, in some states officers must press charges even if the victim does not want to in domestic violence cases, if the victim has visible physical injury) you may be able to have then dropped.

I am not saying this is the best way, personally I despise situations as you described, but it is a way out. I am sure the officer will thank you for wasting his time.
 

dfantasia03

Junior Member
I know exactly how you feel. My case is almost like yours.

From my experience:
Don't worry about calling the Prosecutor’s office (they will not return phone calls)… just go down there and submit your deposition.
You will probably still have to go to court.
No need for an attorney for yourself.
Get one for him!

They will probably NOT drop the case. It’s not that easy. Especially when the state takes over and becomes the alleged victim instead of you.
 

stealth2

Under the Radar Member
Once you called the police and asked for charges to be pressed - you lost any ability to change your mind. If you don't go to court, you can be found in contempt, fined and/or jailed.

(edit) And turn off the caps lock - it's considered poor netiquette to "yell".
 

dequeendistress

Senior Member
I apologize if I mislead Paladie. Unfortunately in the county I serve, persons can and do drop charges. I have also seen charges pressed by our officers dropped due to the victim stating they did not wish to pursue it. This was done in the courtroom and the judge allowed it. As I inferred this was to the disgust of the officer and the prosecuters office.

I would suggest that Paladie go to court and present her side when called to the witness stand.
If you have been served a subpoena, you will need to report to the court. UNLESS (and I would advise to get it in writing) an officer of the court excuses you.


(note) Our prosecuters office does return calls. Evidently someone else knew that the one that serves Paladie's jurisdiction does not.

I dont think a victim (Paladie) that does not wish to pursue charges would need an attorney, but the defendant should as stated.

Apparently I missed the fact that the victim is the state, you may not be able to have charges dropped, but your testimony may have bearing on the sentence.

I also hope that you do not get caught in the endless circle of reporting abuse, and taking the abuser back into your life, to the end of calling the next time you are abused. Once abuse occurs, you should not expect the abuser to stop, they usually do not.
 

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