gulity untill proven innocent

What is the name of your state? indiana
can a person be convicted of domestic assualt/battery if no one will testify that the incident occured and no one involved asked for law enforcement to step in? can a person just say that it happened and cause a arrest to be made and then the state prosecute only on the say so of a person who later decides that they will not testify that anything ever happened?

1. yes
2. yes

so what if this goes to jury trial, are you saying that a person can be convicted without a witness, what happened to burden of proof, evidence. are we now living a communist country where the state has the right to invade the private lives of it's citizens for thier own good, i thought that i still lived in the united states of america.

there was obviously a witness. who was the original complaining witness? just because a person decides to recant their statement does not mean the state has to drop their case.

since you havent explained what happened, i am not going to go on a long explanation on how the state can prosecute and win a DV case even when the "victim" decides not to cooperate with the prosecution.

this incident occured between myself and my spouse, there was no complaintant, and the state has filed charges, my spouse told the officer at the time she did not want charges filed and would not file them. the officers were called by hotel employees where we were staying after seeing my spouse leave our room looking very upset and crying, yes we had had a dispute that escalated beyond just words, but she had left me to myself too calm down and sober up. we just want to get on with our lives and put this behind us but it would seem that the state of indiana is intent on telling us that they know whats best for us.
for the record: this is the first time that anything of this nature has ever happened to either of us, we are both law abiding citizens with no criminal records not even speeding tickets.
fact: i was intoxicated and i am someone who only drinks a beer or two when mowing the yard.
fact: yes we did argue and fight.

Having read your other thread where you go into more detail of the event, the state does actually have witnesses - the hotel employees who called the cops, and the officers who spoke with you and your wife. The advice you got on that thread was spot on - getting help through counseling will show a judge that you (a) realize the seriousness of the event/problem and (b) are doing something about it. That will create a favorable impression.

Going by your handle and how you described it - is it safe to assume that you're military and have seen action? 'Cause it sounds quite a bit like a "flashback" moment - you may want to discuss that with a therapist.

Good luck.

thanks for the advice, i have already started counseling and my hearing date is next month. i guess more than anything i am upset that no one will belive either one of us when we say that we just want to put this behind us and get on with our lives.
having never had dealings with our justice system i am finding out that you are actually guilty untill you can prove youre innocence and that comes at not only a high dollar price but at also a feeling of helplessness of what will become of our family and everything we have worked for if i have to serve jail time. please do not take this the wrong way, yes i was in the wrong and if it was just me and not having to worry about my wife and children and thier future i wouldnt care what happened to me.

The problem is that there are all too many domestic violence victims who recant and defend their abusers. So that's the operating assumption.

I dont know about IN , but down here n FL even though the girl drops the lawsuit , the State will take over.(Florida gets alot of people in the system so they (The State)can get more money.

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And with that comment you just blew your chance for any response to your own thread.