I am sorry to hear you are in this situation and unfortunately, the police and DA take Domestic Violence
so serious that they do not give the parties involved any chance to make a decision or any right to make any decisions regarding charges. Once police see some evidence of alleged abuse, unfortunately they are legally bound to investigate.
In this case I understand your situation as well in that they have no proof that your husband did not hit you before the incident he videotaped with the railing, which is considered reasonable doubt. The police's job on the scene is not to play doctor and come to a conclusion, but to look at whatever evidence they have and document it and submit it to the DA who then has the duty to present a case in court
"beyond a reasonable doubt."
Evidently, the DA considered your statement to the police that you recanted everything because you did not want them to charge your husband together with the video to conclude the first statement you made to the police was not correct. However, the DA is still going to have the burden to prove that the initial beating by your husband did not take place before the railing incident and this is where you can present evidence that the railing did not cause the black eyes or injuries observed to the court and that is how reasonable doubt is established.
Unfortunately, in domestic violence cases the commonwealth is the victim, meaning your husband could not drop charges if he wanted to do so as he is not the victim, PA is the victim, so it is going to be up to your attorney now to first negotiate this with the DA to try to get a dismissal (generally with some counseling ordered) or to present your case in court to raise reasonable doubt.
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