domestic violence charges

[pooh3]

I'll try to keep this short. My husband and I had a blow-up at his grandmother's house who lives two doors down from the local police dept. They arrested my husband on domestic violence charges, I didn't press charges because I initiated the whole thing,and he didn't hit me. The officer said that she was pressing charges because she heard my husband make a threat against me, I know he didn't say what she claims he said and the other people didn't hear it. The police were not called, they heard shouting and responded. I was told I couldn't have contact w/ him until after his hearing.

He goes to court and is told since it is his 1st offense that he will get counseling if he pleas "no contest". I didn't go to court because I had no idea I could be there. I do get a call asking me if this sentence would be okay and told I would need to sign papers agreeing to this. When he goes before the judge the prosecution asked for the maximum sentence and jail time and reads a statement from the officer that was full of lies to make my husband out to be a monster. I should have been the one to be arrested because I started this.

After a sentence has beeen handed down is there anything that can be done? What about the false statements by the officer? Also, he received a stiffer sentence than others who had actually beaten their victims and he didn't even strike me or attempt to.

If you have any advice, I would sure appreciate it. I live in Ohio.

 

[Tracey]

The time to speak up was at his arraignment or trial. You've waited too long.

The police were completely wrong to tell you you couldn't have any contact with your husband. Courts typically issue a no contact order in DV cases. However, the right of no contact belongs to the victim, who doesn't have to assert it, if s/he doesn't want to. However, the arrestee takes the risk that the victim will change her/his mind and claim the arrestee initiated contact.

Prosecutors don't need your permission or support to press charges.

He has no right to a proportionality review. That's where his sentence is compared to the case facts & sentences of others charged with the same crime & his sentence is reduced if it's too high. Instead, he has a right to a standard range sentence only.

All you can do about the police officer is file a perjury charge and/or civil suit against her. You won't win, though.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.