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legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 10025
Experience:  Just Answer consultant at Self employed
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My bf and I fight a lot. I called the police on him because

Customer Question

My bf and I fight a lot. I called the police on him because he wouldn't leave. When the police were there they asked me a lot of questions about his violent temper and then noticed my lip swollen and bleeding. When all was said and done they took pictures and arrested the bf. But he didn't hit me and the police coherced me into saying he did. What can I do because he got arrested.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  legalgems replied 7 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 7 months ago.

Were the police provided with an explanation as to what the cause was re: the injury?

Customer: replied 7 months ago.
I ultimately agreed to the police officer asking if I was hit. He led the question and I finished it. Honestly I don't remember if I was hit by the bf or what was in my hand.
Customer: replied 7 months ago.
But the statement says I hit him.
Expert:  legalgems replied 7 months ago.

OK; thank you for that; I am sorry to hear that you are your boyfriend had a dispute.

Normally once a police report is filed and the individual is arrested, the prosecutor will look to see if there is sufficient evidence to prove, beyond a reasonable doubt, that the crime occurred.

It is very difficult for the prosecutor to make a case when the primary witness is unclear as to events, so if the primary witness indicates that they are not clear on the events but they are more certain that they self injured, the prosecutor may choose to drop the case.

The problem is that often times victims will change their story out of fear, so it depends on what the prosecutor makes of the issue and if s/he feels that there truy was domestic violence and if so whether they have the case to prove it.

Whenever the primary witness/victim refutes their original statement it creates doubt and that makes it more difficult for the prosecution to prove their case, so they may drop it, rather than spending money on the trial when there is an unwilling participant.

However, it may be worthwhile to attend anger management or couples therapy since it was mentioned that there is a lot of fighting, as that can help with the underlying issues.
And of course if one was in fact a victim of domestic violence, there are safeguards in place such as protective orders to protect the victim.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.