Q: My husband was charged with domestic assault and battery in the presence of a minor, i am the “victim”...
My husband and I are in the process of moving out of Oklahoma to a different state for work. This is a very stressful time for my family. My husband and I got into a argument about him finding work down here so we didn’t have to move. I said some mean things about his work ethic out of anger and he covered my mouth (not forcefully) and told me to stop talking because the situation was getting to heated. He wanted to take a time out in the argument because he was getting mad but I kept saying we need to discuss this issue and move forward. He threatened to hit me if I didn’t stop talking (which he wouldn’t have) I said if he ever did that I would call the cops. He said call the cops so I called his bluff and called. Now he is charged with domestic assault and battery in the presence of a minor (our 9 month old son) and there is a no contact order in place. My husband and I don’t argue we have disagreements that are solved maturely. I want my husband back home with our family not in jail
A: If no one else was there to witness this altercation, and you weren't in the midst of the emotion of the moment on the 911 call, then it all hinges on whether you are going to testify against him. You can call the victim's advocate and the ADA handling your case for the DA's office and let them know that it was just a misunderstanding and that you do not want to testify against him. They may try to coerce you, but know that they can not force you to testify. The law is very clear about that. They should dismiss the charges at the first Preliminary hearing if you don't want to testify. Make sure to tell his attorney, or his public defender before the court date, so they can use that to hopefully free your husband. If you need help and this is in Tulsa or one of the surrounding counties, please give us a call at 918-884-7791 Boeheim Freeman Law.
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