Should I Ask My Girlfriend To Recant The False Allegation She Made Against Me?

I would advise anyone who has been charged with domestic violence to not contact the victim unless they’ve gone before the judge and determined whether or not contact with the victim is permitted. This means that I would advise against a defendant of domestic violence requesting that the alleged victim recant their allegation, as this could result in an accusation or charge of witness tampering, which can be a felony.

Most jurisdictions have victim advocates who work for the prosecutor’s office and will reach out to the alleged victims to inquire about the incident and what they feel would improve the situation in the future. Oftentimes, an alleged victim will tell a victim advocate that they do not want to proceed with prosecution and that they would like the charges dropped. The prosecution doesn’t necessarily have to follow those requests; they hold the ultimate authority to proceed with or drop a case.

If the parties are married and are going to invoke the spousal communication privilege to not testify against their spouse, then I will advise them to wait until the victim advocate contacts them or vice versa; they should refrain from all communication and rest assured that there are people who will be reaching out to them to obtain information about how they would like to see the case resolved.

What Kind Of Conditions Or Restrictions Might Be Placed On Me After A Domestic Violence Arrest?

A judge can impose a number of conditions on a person who has been charged with domestic violence, including no contact with the alleged victim (perhaps with the exception of communication that is necessary in order to serve the best interests of any children involved). Other conditions include no direct communication, stalking, harassing, unexpected surprises, or showing up at the alleged victim’s place of employment, home, or school.

Why Am Only I Being Charged With Domestic Violence When My Partner and I Are Equally To Blame For Harming One Another?

In some cases, an alleged victim of domestic violence will later be charged with domestic violence. If the prosecution charges both individuals, they might have a difficult time prosecuting the case because if one of the alleged victims testifies against the other, then they could potentially incriminate themselves. This is why they try to determine the identity of the initial aggressor or the person who likely caused the incident to begin with. Ultimately, both parties could be charged, but from a prosecutorial point of view, that would be a very difficult case unless there were some very strong third-party witnesses to testify.

How Can The Prosecutor Pursue A Domestic Violence Case Against Me If There Is No Proof That My Spouse Was Physically Hurt?

An individual can be charged with domestic violence assault even if they did not cause any physical harm to the alleged victim; a threat of physical harm or a threat of violence could result in a charge or conviction of domestic violence as long as the prosecution has evidence to show that one of those things occurred. If the prosecutors have a written statement from a witness that supports the claim of domestic violence, then they could proceed with domestic violence charges. Under the domestic violence statute, there can be different types of domestic violence. For example, there can be domestic violence disorderly conduct, domestic violence-related criminal mischief (i.e. destroying someone else’s property), and domestic violence in the presence of children.

For more information on Recanting False Allegations Of Domestic Violence, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 477-5009 today.

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