Asked in Domestic Violence for Texas

Q: If I file a falsely written affidavit about family violence on a household member impeding breath. What am I facing?

I wrote a statement on my boyfriend for hitting me and putting a pillow over my head. He is now being charged with assualt on a household member impeding breath (3rd degree felony) it was all a lie. What do I do to get his charges dropped and what am I facing?

Related Topics:
1 Lawyer Answer
Joseph Hoelscher
Joseph Hoelscher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: This question comes up often in domestic violence cases. The problem with giving you advice in this context is that it be viewed as witness tampering by some prosecutors. Filing a false police report is a misdemeanor, but if you provided a sworn statement that was false, that could be perjury, which is more serious.If you actually filed it in court or as some public record, that's another offense. However, sticking to your story is potentially criminal as well, particularly if you intentionally lie under oath in court. You should get a consultation with a criminal defense attorney who is NOT your boyfriend's lawyer. Remember to ask that lawyer about the 5th Amendment and how it works in both civil and criminal cases, especially if there is also a protective order case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.