Family Law Questions? Ask a Family Lawyer Online.
The police wouldn't have showed up unless someone reported something. If that person testifies to what they said or heard, then that may be sufficient to make a case for DV.
However, if you, as the alleged victim did not feel abused, and there was no physical evidence of any abuse, then I don't see how the case could be prosecuted.
Which would mean that the case will be dropped, unless your boyfriend confessed or decides to plead guilty.
Please hit ACCEPT in order for me to receive payment for my time. Thank you.
_______________________________________________________________________ Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.
It still comes down to the same thing: does the prosecutor have sufficient evidence to convict your boyfriend without your testimony?
Unfortunately, if you said you "felt scared and threatened," that would probably be sufficient to make a prima facie case of domestic abuse. So, even if you were to refuse to testify, the 911 tape could potentially be used as evidence of the boyfriend's actions at the time -- especially if you actually sounded scared on the tape.
Your boyfriend needs a lawyer to help deal with this. He's not likely to avoid the charges, regardless of what you do.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).