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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89656
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My boyfriend and I had an argument that turned ugly. He pushed

Customer Question

My boyfriend and I had an argument that turned ugly. He pushed me, and I pushed him. He then took our 5 month old without my permission, we are not married. I was very angry, and called 911. He was subsequently arrested for domestic battery and child endangerment. I am feeling remorse as I was the provocateur, and he was defending himself. I don't want his life ruined or for him to do jail time over this. I am bi-polar and off medication which leads to irrational behavior. What can I do to clear this up? Can I ask to drop charges?Do I call my D.A.'s office and speak to someone? Or is it out of my hands? We live in Louisiana. Also, this has never happened before, he's never even had a traffic ticket. There were bruises, but from him trying to push me away because i hit him with coat hangers. I know I need my meds, and don't want my child to grow up with a nutbag. We've been together 8 years. I know what real domestic abuse is, having suffered with my first husband. Any advice?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

So sorry to hear of your difficult situation. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

Whether or not to file charges is the decision of the DA. That said the DA will typically consider the preferences of the victim. You can consider contacting the DAs office and explaining that you were temporarily off of your medicine and acting irrationally.


Customer: replied 3 years ago.
Will I be charged with false report? And he's under a no contact order. how do I get that lifted?
Expert:  FiveStarLaw replied 3 years ago.

I am confident that you will not be charged with a false report based upon your lack of intent and mental state.

Unfortunately you cannot determine whether or not the estate will press charges. The DA can decide not to pursue charges and thus to drop the no contact order. If the DA is not cooperative, a hearing will be scheduled to extend the no contact order and you can present information concerning your illness to the court
Customer: replied 3 years ago.
Relist: Incomplete answer.
need a more in depth answer. what steps need to be taken, who are the appropriate persons to contact, what should be said, etc.... fines imposed, and likely hood of charges being dismissed, also if i can be held liable for fines and court costs
Expert:  Samuel II replied 3 years ago.

Hi

 

I suggest you consider contacting the "victim/witness" unit in the District Attorney's office. Explain to them what happened and that you do not want to have your BF prosecuted. Let them know there were no injuries and that it was an isolated incident of a verbal argument.

 

I agree with your prior expert, you would not be charged with a false report.

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

 

Expert:  Law Educator, Esq. replied 3 years ago.
I am sorry, I must correct some things said by my colleagues here. In Louisiana (and in most of the states), on Domestic Violence cases the State of Louisiana is the victim and you are only the complaining witness. This means that unlike in other criminal cases where the victim can go to the DA and decline to prosecute or file an affidavit of non-prosecution, this is not generally the case in a Domestic Violence case because you are not really the victim, the State is. This also means the State can prosecute the case without your testimony depending on the other evidence they have available from the investigation and I have had cases where convictions have been obtained without the complaining witness ever showing up in court.

The reason the LA courts do not just allow complaining witnesses in domestic violence cases to just drop charges is just because of what you are saying above, "I was the provocateur," "it was my fault." These are common statements made by domestic violence victims.

Your only chance at convincing the DA to not prosecute is you will have to present your medical records to the DA and have your doctor explain you were going through a bipolar episode when your filed the complaint and while this does not necessarily mean that the DA will still drop the case it certainly increases the chances that he will AND that he will not charge you with filing a false report based on your mental condition.
Customer: replied 3 years ago.
Would it be okay to speak with the D.A.? I have read that it's best to filter any correspondence to the D.A.s office through an attorney? I certainly wouldn't want this to backfire and make it worse. It's a misdemeanor charge, but his lawyer is going to court to plead not guilty next month. Can we stop it from even going that far?
Expert:  Law Educator, Esq. replied 3 years ago.
The DA most times will speak to you as the complaining witness, but they will not allow you to dismiss unless you go through his attorney and work together with his attorney on the matter. Chances are, no you will not stop it from going to court for first appearance/preliminary hearing. As I said, the DA is not just going to dismiss a domestic case, they will make him jump through hoops (such as anger management or substance abuse classes).
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89656
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 4 other Criminal Law Specialists are ready to help you

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