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A neighbor phoned about hearing screaming and me and my

Customer Question
A neighbor phoned about...

A neighbor phoned about hearing screaming and me and my husband fighting We left for a week and when we returned officers were questioning me

Lawyer's Assistant: Family law varies by state. What state are you in?

Colorado

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

I made a statement that he had indeed pushed me a few times and left bruises on me

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

No, my phone went missing as evidence of the abuse and the officers found it i dont want to press charges

Submitted: 7 months ago.Category: Family Law
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Answered in 1 minute by:
12/7/2017
Family Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,366
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Was your husband arrested or given a notice to appear in criminal court?

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Customer reply replied 7 months ago
No, the officers indicated that they needed pictures on my phone to press charges! I don't want to press charges regardless of the fights we have been having! Is there a way I can recant my statement ... if I don't cooperate at this point will they just drop the case?
Family Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear about this.

The officers here actually did have enough information for an arrest -- your neighbor made a report, and you actually substantiated that by admitting your husband had pushed you and left bruises on you.

That in and of itself was enough for an arrest because you stated a domestic violence battery had been committed against you. I'm surprised the officers didn't arrest him then, in accordance with police protocol for your safety.

From a legal standpoint, meaning whether a prosecutor can prove your case without your testimony and/or without the photos, then the answer is no they would not be able to.

There simply would not be enough physical evidence or witness testimony to prove the case beyond a reasonable doubt and establish guilt.

There is not much else you can do at this point. It seems the officers opted to not make an arrest, despite your admission that a battery had been committed against you. However if they were to ask more questions, then your response would simply have to be that you wish not to prosecute and/or that you'd like your lawyer present.

I hope that helps!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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