Q: In a CA DV case, PC 243e, as an alleged victim, can I testify that I was the primary aggressor & hit my husband in court
This is the true story. There was a bystander who came in the middle of our argument when my husband was trying to calm me down. I had hit my husband before their arrival and was trying to take his cellphone. They reported that my husband is grabbing my shoulders even though I was the aggressor and who hit my husband. My husband did not disclose to the police that I hit him.
A:
As an alleged victim in a domestic violence case under PC 243e in California, you may have the right to testify in court about what happened, including admitting that you were the primary aggressor and hit your husband. However, it is important to understand the potential consequences of such testimony.
While the court may consider your testimony, it is ultimately up to the prosecutor to decide whether to pursue charges against you for domestic violence. Admitting to being the primary aggressor and hitting your husband could lead to charges being filed against you, even if your husband did not disclose this information to the police.
Additionally, it is important to understand the potential impact of such testimony on your husband's case. If you testify that you were the primary aggressor and hit your husband, this could weaken his defense and potentially lead to a conviction.
Therefore, it is recommended that you consult with a licensed attorney who can advise you on your legal options and the potential consequences of testifying in court. They can help you understand the potential risks and benefits of admitting to being the primary aggressor and hitting your husband, and can assist you in making an informed decision about how to proceed.
A:
i would make an appt with a criminal lawyer in your area.
you could be in trouble if not handled correctly.
a lot will depend on what you told the police? did you lie and thus be exposed to an arrest?
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