Will unfounded domestic violence charge hold up in court in Va?
January 312010
My husband and I were arguing in our apartment and the neighbors called the police. We were alreay in the process of "making up". The police came and interviewed him and visualy saw marks on me from the "making up". The police arrested him for domestic violence and said that the state of Virginia would charge him for it not the city. They never took a statement from me nor pictures. From the time my husband got arrested to his release back to me took 45 min. He litterly walked in the back door did some paperwork and walked out the front.
What are the odds that he will be found guilty with only the testamony of the officer and me testifying and telling my story in defense of my husband in the state of Va.
You know, I suspect you’re not going to get many takers on this one. You’ve got a lot of issues here that are very involved and nobody who knows what they are talking about is going to be able to give you an answer based on the "facts" you’ve presented here.
Rather than try to answer your question, let me ask you some more:
What do you define as arguing? Was it strictly verbal or was there any physical touching whatsoever?
Were any threats of any kind made during the argument?
You said the police saw marks on you from "making up"…which, frankly, is very suspicious to an old cop like me. But the question is, what kind of marks? Are you talking about a hickey or a bruise?
When the police interviewed your husband, what did he say? Did he perhaps admit to doing something that would have violated the law in your state? And please – if you did not personally hear the interview between your husband and the police, you do not *know* what was said…you might know what your husband told you later, but if you didn’t hear it for yourself, you don’t know.
Don’t know if you’re asking a question about the city or the state prosecuting, but if you are: not unusual for the state to prosecute a domestic violence charge, even if the victim denies it or changes their story later.
If you told the police the marks on you were from "making up", then they did take a statement from you. Once you said that, the police may have felt that was all the statement they were going to get out of you – especially if the marks they saw were not consistent with what you said was "making up" (for example: most people don’t make up by leaving bruises, swollen lips, scratches, black eyes, etc…if those are the marks you’re talking about, I’m with the cops on this one).
If you had marks, the police certainly should have taken photos of them. Some types of minor injuries don’t show well in photos (especially depending on the equipment) so they may not have thought photos were worthwhile or they just simply didn’t take them. What were your "marks"?
You’re asking what the odds are that he’ll be found guilty based on what you say is the officer’s testimony and your statement in defense of your husband. Can’t answer that one because neither you nor I have all the facts, I suspect.
What did the neighbors say (or more importantly, do the neighbors have something to say; did they hear threats, did they hear physical violence, did they hear you say something that would suggest you were being victimized)?
What did he say? Maybe without meaning to, he admitted to a crime. He wouldn’t be the first person to do so…and if the cops were skillful interviewers, they may have obtained an admission or confession from him without him realizing he was doing so.
What is the crime of domestic violence in Virginia? You were smart to include that you’re in that state because it certainly makes a difference (and unfortunately, I’m not from there).
Do the police know you and your husband? Either of you been arrested for domestic violence before?
Bottom line: way too many "what-if’s" for anyone to give you an educated answer to your question. Depending on the answers to the questions I’ve asked, the chances of him being found guilty could be very good, or very poor.
And finally: I’ve investigated domestic violence crimes for over 18 years as a police officer. I hope everything you wrote here is absolutely true…that you were not the victim of domestic violence, and that you are as safe today as the day you were born. I hope nobody ever lays a hand on you, threatens you, or abuses you. However, what you’ve written here (and what I suspect your answers to some of my questions might be) is some of the most commonly-expressed statements I’ve heard from domestic violence victims. I cannot count the number of women I’ve talked to over the years who have been victims of domestic violence, but who don’t see themselves that way for any number of reasons. Please – if you are in an unsafe or violent relationship, do not tell yourself it’s your fault, it’s no big deal, or that he will "get better" of his own accord. It does not happen, and the violence will get worse. I hope this is all as you’ve said, but if it is not, get help and get out.
January 31st, 2010 at 7:40 am
You know, I suspect you’re not going to get many takers on this one. You’ve got a lot of issues here that are very involved and nobody who knows what they are talking about is going to be able to give you an answer based on the "facts" you’ve presented here.
Rather than try to answer your question, let me ask you some more:
What do you define as arguing? Was it strictly verbal or was there any physical touching whatsoever?
Were any threats of any kind made during the argument?
You said the police saw marks on you from "making up"…which, frankly, is very suspicious to an old cop like me. But the question is, what kind of marks? Are you talking about a hickey or a bruise?
When the police interviewed your husband, what did he say? Did he perhaps admit to doing something that would have violated the law in your state? And please – if you did not personally hear the interview between your husband and the police, you do not *know* what was said…you might know what your husband told you later, but if you didn’t hear it for yourself, you don’t know.
Don’t know if you’re asking a question about the city or the state prosecuting, but if you are: not unusual for the state to prosecute a domestic violence charge, even if the victim denies it or changes their story later.
If you told the police the marks on you were from "making up", then they did take a statement from you. Once you said that, the police may have felt that was all the statement they were going to get out of you – especially if the marks they saw were not consistent with what you said was "making up" (for example: most people don’t make up by leaving bruises, swollen lips, scratches, black eyes, etc…if those are the marks you’re talking about, I’m with the cops on this one).
If you had marks, the police certainly should have taken photos of them. Some types of minor injuries don’t show well in photos (especially depending on the equipment) so they may not have thought photos were worthwhile or they just simply didn’t take them. What were your "marks"?
You’re asking what the odds are that he’ll be found guilty based on what you say is the officer’s testimony and your statement in defense of your husband. Can’t answer that one because neither you nor I have all the facts, I suspect.
What did the neighbors say (or more importantly, do the neighbors have something to say; did they hear threats, did they hear physical violence, did they hear you say something that would suggest you were being victimized)?
What did he say? Maybe without meaning to, he admitted to a crime. He wouldn’t be the first person to do so…and if the cops were skillful interviewers, they may have obtained an admission or confession from him without him realizing he was doing so.
What is the crime of domestic violence in Virginia? You were smart to include that you’re in that state because it certainly makes a difference (and unfortunately, I’m not from there).
Do the police know you and your husband? Either of you been arrested for domestic violence before?
Bottom line: way too many "what-if’s" for anyone to give you an educated answer to your question. Depending on the answers to the questions I’ve asked, the chances of him being found guilty could be very good, or very poor.
And finally: I’ve investigated domestic violence crimes for over 18 years as a police officer. I hope everything you wrote here is absolutely true…that you were not the victim of domestic violence, and that you are as safe today as the day you were born. I hope nobody ever lays a hand on you, threatens you, or abuses you. However, what you’ve written here (and what I suspect your answers to some of my questions might be) is some of the most commonly-expressed statements I’ve heard from domestic violence victims. I cannot count the number of women I’ve talked to over the years who have been victims of domestic violence, but who don’t see themselves that way for any number of reasons. Please – if you are in an unsafe or violent relationship, do not tell yourself it’s your fault, it’s no big deal, or that he will "get better" of his own accord. It does not happen, and the violence will get worse. I hope this is all as you’ve said, but if it is not, get help and get out.
References :
January 31st, 2010 at 8:14 am
Judges hear all the time from domestic violence victims defending their spouse. They do not take it seriously because they have heard it all. Most women in real domestic violence cases will defend their husbands because they are afraid of what will happen to them if they don’t.
Usually the local Defense Attorney will work out a plea agreement before it comes to the court, so the judge really doesn’t have to decide anything. If you both talk to him/her before the court date, it would probably be bargained down to a misdemeanor if not dismissed. But it will be kept on file, so that if it happens again, it will be harder for your husband to argue his way out of.
If you really were a victim of violence, please do seek shelter and advice from your local safe house. Men who are violent against their wives once, ALWAYS do it again, and it only escalates.
References :