How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31684
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Me and my wife was in a heated argument, she over heard me

This answer was rated:

Me and my wife was in a heated argument, she over heard me talking to a lawyer about getting a divorce. She garbed me and I pushed her off and she called the police. I refused to talk to the police but she dramatically made up a story. Since I refused to talk to the police they locked me up. My wife explained they was not suppose to lock me up and they wanted her to press charges but she refused and they wanted her to take out a TPO and she refused. Afterwards after this situation was blown out of proportion she wanted to tell the full story but when she went to do so they subpoena her. Now my side of the story has not been heard and my wife went to clarify the story explaining what happened.So my lawyer is saying if she don't show up they have no case but she may be charged with contempt.
What do I do to get this dropped?

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Unfortunately, as of January of this year, there is no spousal privilege in regard to domestic violence cases, so she can't refuse to testify. Here's a good article about this:
Roger : Thus, if she is subpoenaed to testify she would have to appear and testify. If she didn't, she could be charged with contempt of court.
Roger : You can consult with your attorney about how to proceed, but it's better for her to appear and she can tell the judge that she overreacted, that she doesn't want to prosecute you, that you didn't do anything, etc.
Roger : Hi -
Roger : I see that you rated the service as "bad". I'm sorry you feel that way, but did I misunderstand your question, or did you need something else?
Roger : Had this happened last year, your wife could refuse to testify and there'd be nothing that the court could do. But, that's not the case now, unfortunately.
Roger : The court can force her to testify, and if she doesn't, she'll be facing her own criminal charges.
Roger : There's no way to simply "drop" the charges unless the prosecutor decides to drop the case - - and that's not likely to happen.
Roger : Your wife could show up to testify and tell the judge that she doesn't remember what happened - - essentially, play dumb - - and make it hard/impossible for the prosecutor to make his case, but that's really it.
Roger : Once domestic violence charges are filed, there's really not an easy way to drop them - - and this is really particular to DV cases.
Roger : The reason is that the court is very concerned that the victim is threatened that if the charges aren't dropped, that something bad will happen, etc. Of course, that's not always the case and often times these charges are simply over-reactions of a spouse. BUT, courts are VERY aware of the possibility of threats being made, so stopping prosecution is not easy.
Roger and 3 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions