Do I have legal grounds to get my domestic violence charge dismissed?
My wife was blocking the door and preventing me from leaving. She said that in her statement. Plus, there were no witnesses, so it's simply a case of “she said, he said.”
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Most DV cases don't have witnesses.
Unfortunately, I cannot guarantee the protection of the results due to the complexities of a hearing and what may be discussed in a trial setting. Additionally, your physical reaction to having the door blocked could be significant. Regardless, this could be used as evidence for your defense.
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I need help with my domestic violence charge.
Lexi, Chatbot
I'm sorry to hear about your domestic violence charge. Were you arrested in connection with this charge?
I have an upcoming court date.
Lexi, Chatbot
Can you provide more details about the incident that led to the domestic violence charge?
My wife was blocking the door and preventing me from leaving. She said that in her statement.
Lexi, Chatbot
Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your domestic violence charge.
Yes.
Attorney/Professor
Hello! I'm Attorney/Professor, a Criminal Law expert here to assist you with your domestic violence charge. I understand this is a challenging time for you, and I'm here to help navigate through it. I'm sorry to read about your situation. How can I help with your question?
Is that grounds that the case could be thrown out or dismissed?
Plus, there were no witnesses, so it's simply a case of “she said, he said.”
Attorney/Professor
Most DV cases don't have witnesses.
Unfortunately, I cannot guarantee the protection of the results due to the complexities of a hearing and what may be discussed in a trial setting. Additionally, your physical reaction to having the door blocked could be significant. Regardless, this could be used as evidence for your defense.
She also admitted to the detective when she went to the police station to file the report that although she was standing in front of the door and I pushed her and slapped her to leave… she said that she was hitting me back.
My wife said that she’s not going to testify against me, so it would just be me versus the state.
Attorney/Professor
Pushing someone or slapping someone to leave could be considered going a step further. Generally, courts look at an equal balance in physical reaction.
If she doesn't appear, that could be beneficial. However, the state can still compel her to testify or proceed without her by focusing on the police report and any statements made to the police.
Would it be beneficial for her to come to court with me and tell the court that she was blocking the door and hitting me back? Or should I leave her at home?
She basically was doing everything to hold me against my will.
She said the detective who was asking questions was getting very frustrated with her because she’s not so innocent.
Attorney/Professor
Unfortunately, without an attorney-client relationship—which is not possible in these types of forums—I cannot advise either of you on what to do. However, I can't imagine her admitting to a crime in court without the state attorney getting involved.
You mean that the state attorney would cross-examine her?
Attorney/Professor
No, they would block her testimony or seek to strike it from the record, or treat her as a hostile witness.
OK, understood.
I know you can’t guarantee anything, but based on your expertise, do you think I should be OK?
Because again, it’s basically he said, she said, and I do have a video of her standing in front of the door, preventing me from leaving.
Attorney/Professor
I'm sorry, but that's predicting an outcome which is impossible in these types of cases. While it could help you that she doesn't appear, the prosecutor can still move forward without her if they believe they have sufficient evidence to proceed.
In that video, she said “tell the camera you hit me and you abuse me,” but she was still blocking the door and pushing me so I couldn’t leave.
Attorney/Professor
I understand, but as stated previously, the reaction should be proportionate. If the prosecutor considers the reaction excessive, that could still be a prosecutable offense.
So that video could help me or could hurt me.
Attorney/Professor
I haven't seen the video in full to conclude.
If there's a prior history of abuse as she stated in the video, I fail to see how that helps your case.
Understood. Without her being there or any witnesses—because there were none—I don’t see how they have a solid case. There’s not enough evidence. I can accuse her of stuff too.
Attorney/Professor
Not having witnesses is common in DV cases. But either way, you should hire an attorney considering the issues and risks involved.
OK, thank you so much for your input. I was thinking of just going with the public defender.
Attorney/Professor
That's fine. I know the general belief about public defenders, but the fact is they are qualified and have tons of courtroom experience.
Attorney/Professor
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