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Do i have to testify against my bf if he choked me? i started it n but my mom is the one who called the cops on him ?

Wendell, ID |

Me n my bf got in an argument n i started it first becuz i scratched him on his neck so he choked me n my mom called the cops on him n he went to jail n they put a no contact order on us n i want it removed becuz we have kids together n they want me to testify but do i have to becuz i dnt want to see him in jail becuz i love him so much. I didnt press charges becuz i still wana be with him n i knw hes willing to take angermanagment classes. If i dnt testify what will happen? what can i do to drop the no contact if i didnt put it on n the procecuter did? I just wana see him with me n my kids again.. plz help!!

Attorney Answers 2

  1. Set your emotions aside for a minute and look at the situation for what it is. Violence coming from either of you is not okay. If you have children living in this situation, you may not have custody of them for very much longer going the way you are. Obey the court orders, get into some therapy, if drugs or alcohol is an issue get into some treatment. When you go to court tell the whole truth and be ready to deal with the consequences. If I were advising your mother, I would tell her to get a guardianship over your children. That, or your children being in foster care, is where this is headed going the way you are.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.

  2. Mr. Hill is entirely correct and his answer is full of insight. Wake up and smell the coffee and follow his suggestions.

    There is no evidentiary privilege under Idaho law that excuses you from testifying against the father of your children, and under subpoena you will be required to tell the truth under penalty of perjury. The stark reality is that you lost control of the situation when your mother called the cops, and you should thank her. Whether your children were present for this incident or not, you do not want them to grow up learning that violence in the home is acceptable, that parents can lose control and injure each other only to have the police and prosecutor just ignore it. That is not the law, and frankly the prosecutor is doing his job well. Before someone in your family is seriously injured or killed, intervention is the answer. A no-contact order is a standard part of the intervention, You are powerless to "drop" it and will be viewed with suspicion if you try. You would be wise to retain your own criminal defense counsel in connection with these proceedings, especially having admitted to battery in this public forum.

    Best wishes for learning healthier family relationships, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.