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I filed a police report against my husband. I accused him of…

Customer Question
I filed a police...

I filed a police report against my husband. I accused him of spousal abuse and child abuse. Without him working, my family is running low on funds. If I were to recant my accusations, would there likely be repercussions, and if so, what might those be?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

My husband works for the State Department and we were stationed in Frankfurt Germany at the time of the incident. We have since been stationed stateside. My children and I are living with my father in SC and my husband is couch hoping in FL

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that's it

Submitted: 10 months ago.Category: Family Law
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Answered in 1 minute by:
9/27/2017
Family Lawyer: Zoey, JD, Lawyer replied 10 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,858
Experience: 18 years of litigation experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 10 months ago
ok thank you for your help
Customer reply replied 10 months ago
I would prefer chat
Family Lawyer: Zoey, JD, Lawyer replied 10 months ago

Once you involve the state in a domestic dispute or any other type of case, for that matter, you lose control of the case. By that, I mean that even though you are the alleged victim, the case does not belong to you anymore. It belongs to the prosecutor who can go forward with proceedings whether you object to that or not. You become the primary witness in the case. But it's the DA who actually presses charges on behalf of you and all of the other people in the state.

The prosecutor needs you, however, if he wants to win the case. So he will listen to what you have to say and take it into consideration.

If you want to drop the charges, you need to find out the name of the prosecutor who is handling the matter and go see him or her. Then you can tell him that you're no longer interested in going forward and you want the charges dropped. He will need to know that you're not being coerced into recanting your testimony and that if he does drop the charges that you will be safe from further abuse.

As a matter of policy, a prosecutor doesn't like to drop these cases. But they also don't generally turn on their witnesses because they don't want to get a reputation for that which could keep other crime victims from coming forward and reporting crimes. The prosecutor may tell you he won't drop and may warn you that he can bring charges against you and so forth. But typically, the worst thing that will happen if you try to change your story and drop the case is that the DA will refuse to do it.

In that instance, you would have to let your husband's lawyer know, once he's charged, that you've been trying to drop but the prosecutor won't let you. Generally, once the lawyer knows that there's a complainant wanting out of the matter, he too will start pushing the prosecutor to drop the charges and something favorable to the defendant can generally be worked out.

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Family Lawyer: Zoey, JD, Lawyer replied 10 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 10 months ago
What about "Battered Woman Syndrome"? If this was brought to court, would this be likely used against my husband?
Family Lawyer: Zoey, JD, Lawyer replied 10 months ago

It certainly could be used against him if it were applicable and relevant

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