Modesto, CA asked in Domestic Violence for California

Q: I filed a domestic violence on my fiance after an argument I grabbed him and pushed him and he had pushed me back

And I went and grabbed him and he grabbed my arm to take my hand off of him and caused a bruise. We are starting counseling but I want to drop them because if I didn't attack him it wouldn't have happened and he has a prior from 6 years ago but his ex hit herself to make it look like he beat her. What can I do he has a good job works hard and takes care of our kids and is really a good man?

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1 Lawyer Answer
David A. Brooks
David A. Brooks
Answered
  • Domestic Violence Lawyer
  • Fair Oaks, CA
  • Licensed in California

A: I previously wrote this answer to a very similar question:

It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a criminal case. If you lied to the police, you may be guilty of a crime for making a false police report. You should consult with a lawyer. Any statement you make to anyone other than your lawyer regarding the case can be used against you. If you are called to testify you may have a 5th Amendment Right against self incrimination as well as a right to a lawyer. The DA is used to victims of domestic violence deciding that nothing happened. Your switch of position might not be believed because it happens all the time. The totality of the evidence (including presence or absence of physical evidence) is considered when evaluating a "recanting victim" who decides nothing happened. If you want to say you lied, even though the statement might be used against you, you can contact your fiancee's attorney. The attorney will likely have you interviewed by an investigator to avoid becoming a witness themselves. You could contact the Victim/Witness department of the DA's office and let them know. In CA, a victim has the right to address the court directly and you could do that. You really ought to be represented by a lawyer before you make a decision, and that lawyer will want to try to obtain a copy of the police report before you are advised.

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