Q: If a assault on family member case gets dismissed does the court has standing to continue conviction on the violation
I lied on a police report and said that my husband beat me up .. I signed the affidavit of non prosecution, recanted my statement and wrote and addition statement admitting that I lied I even met in person with the prosecutor.. if DV case gets thrown out will he still be charged on the violation more than 2x in a 12 month ?? They are trying to give him 35 years for something he didn’t even really do…
A: Yes, absolutely. It is often much easier for the prosecution to prove a violation of a protective order case than it is to prove the alleged assault that caused the judge to issue a protective order in the first place. This is a separate crime of disobeying a court order, the fact that you lied on the police report doesn't make the court order invalid. That said, the max sentence should be 10 years unless he is already a felon.
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