DV case moved to different city

[Lauram78]

What is the name of your state? NY

I am still waiting to go to trial for this DV case that I have pending against my ex. It has been ajourned once again after four times because the defense attoney keeps asking for an ajournment, (there are always different reasons for his request). The last time the prosecuter spoke with the defense attorney on the phone, he made a comment suggesting that the defendant knew some of the judges who could be hearing the trial. (I really don't think he meant to say what he said). Now they have moved the case to another city, where the assault didn't even occur! Will this help matters or could it be worse? The prosecuter has stated to me that she thinks now she has a better chance of finding him guilty. Also, they have given me the option of me and the the officers NOT testifyng and he will get a ACD which means he just stays out of trouble for 6 months, I get a 6 month order and then it can get wiped off of his record, being that he doesnt come near me for 6 months. I don't feel that's enough. Should I still testify?

 

[Just Blue]

What is the name of your state? NY

I am still waiting to go to trial for this DV case that I have pending against my ex. It has been ajourned once again after four times because the defense attoney keeps asking for an ajournment, (there are always different reasons for his request). The last time the prosecuter spoke with the defense attorney on the phone, he made a comment suggesting that the defendant knew some of the judges who could be hearing the trial. (I really don't think he meant to say what he said). Now they have moved the case to another city, where the assault didn't even occur! Will this help matters or could it be worse? The prosecuter has stated to me that she thinks now she has a better chance of finding him guilty. Also, they have given me the option of me and the the officers NOT testifyng and he will get a ACD which means he just stays out of trouble for 6 months, I get a 6 month order and then it can get wiped off of his record, being that he doesnt come near me for 6 months. I don't feel that's enough. Should I still testify?

The change of venue I think is a good thing...And if it were ME I would testify. I tend to think of it this way...If the guy who assaulted you was a random a*****e on the street...would you want to do everything in you power to see him brought to justice? If the answer is yes...Why would you not testify against a man that is supposed to care about you, but instead brutally beats you? I know that you want to see justice done Laura...my last comment is kinda rhetorical.

 

[summerdawn]

What is the name of your state? NY

I am still waiting to go to trial for this DV case that I have pending against my ex. It has been ajourned once again after four times because the defense attoney keeps asking for an ajournment, (there are always different reasons for his request). The last time the prosecuter spoke with the defense attorney on the phone, he made a comment suggesting that the defendant knew some of the judges who could be hearing the trial. (I really don't think he meant to say what he said). Now they have moved the case to another city, where the assault didn't even occur! Will this help matters or could it be worse? The prosecuter has stated to me that she thinks now she has a better chance of finding him guilty. Also, they have given me the option of me and the the officers NOT testifyng and he will get a ACD which means he just stays out of trouble for 6 months, I get a 6 month order and then it can get wiped off of his record, being that he doesnt come near me for 6 months. I don't feel that's enough. Should I still testify?

From someone who has been there, I urge you to testify.

ETA: If you decide to go through with it, and need some support, you are welcome to pm me.

 

[Lauram78]

Thank you for both for you responses. I just am afraid I am going to testify for over 2 hours (the defense said his line of questioning will take 2-3 hours), get all upset etc and thenthe judge will find him not guilty and I'll have nothing! And he gets to walk away a free man! Not even a restraining order. Just the thought of seeing his face in court gives me the creeps.

 

[Just Blue]

Did you try sitting in on some DV cases to prepare you for court? Ask the DA about it...I am sure she will be able to set it up.

 

[Lauram78]

That's a good idea, I think I am going to ask if I can do that. Hey I'm strong b/c I know the truth but 2-3 hours of cross examination is probably going to make me breakdown and I Don't want that!

 

[summerdawn]

If your state does it, ask to be hooked up with a victim's rights advocate. Mine was EXTREMELY supportive, calling me often to see if I was doing ok, going to every court date with me and sitting with me in the hall as I waited to testify, we even had lunch together a couple of times together-she was a very comforting presence. She was not allowed in the court room with me but that woman was there everywhere else I had to go.

In my case, I got lucky-I testified during the pretrial several times and he finally accepted a plea bargain-you never know hat will happen-you may not have to go to trial at all.

Testifying is a very painful thing, and his lawyer WILL be harsh-but it is worth it in the end.

ETA: Here is a link that may be of help to you:
http://www.oag.state.ny.us/crime/domestic_violence.html

 

[Just Blue]

That's a good idea, I think I am going to ask if I can do that. Hey I'm strong b/c I know the truth but 2-3 hours of cross examination is probably going to make me breakdown and I Don't want that!

You'll do well...I really think that you will!! Talk to the DA ad take a look at the link that summer thoughtfully provided.

 

[Lauram78]

I really do hope not. This has been going on for almost 1 1/2 years now. He was arrested for DV assault in the 3rd degree and harassment. The DA has dropped it down to a harassment but he will not take ANYTHING! You wanna talk about a arrogant SOB? So I doubt he will on the day of the trial.

 

[SP103]

Best of Luck Lauram78, stay strong and testify please.
May I add also if he is found guilty of DV you can easily get a restraining order that is renewable as long as you follow the proper procedures to do so.

 

[Lauram78]

Best of Luck Lauram78, stay strong and testify please.
May I add also if he is found guilty of DV you can easily get a restraining order that is renewable as long as you follow the proper procedures to do so.

Thank you I am definitely going to. But if he is found not guilty, I get nothing and am back to sqaure one right? Which I am nervous about

 

[jrini]

Even if he isn't found guilty on the criminal charges you can still get a Civil Protection Order (restraining order). My ex had never even been charged with DV, police had been out many times but I didn't report most of the abuse, a lot of the things I DID have the guts to report weren't included in their final report (my attorney said they leave info out A LOT if the victim isn't pursuing charges and there's no physical evidence). So I basically got my CPO with nothing other than my testimony.

It's hard, but you'll be glad you did it. My ex didn't even show for the CPO hearing and I was still shaking like a leaf through the whole thing! But I'm SO glad I followed through.

 

[ErinGoBragh]

A bit OT but Lauram, if you are by chance from the Albany, NY area please PM me- I can give you contact numbers for free DV counseling, if needed, from non-profit agencies who will also hook you up with a victim's advocate.

 

[Lauram78]

Er How can I PM you? I think you have them turned off

 

[ErinGoBragh]

I just checked and they're definitely on. I PMed you with one number though and can help you with stuff that may be more local to you, but we can just talk about it on there. Just FYI it will tell you in the upper-righthand corner of the FA site that you have a new PM