i went to hospital with husband last month,doctor found out he abused me then called the police.police asked me i told the truth.later he get arrested ,i beg police not arrest him and give him a chance.but they still arrested him.i think its domestic violence?he gave me the restraining order but later dropped the case before hearing.and he promised he will change.so i forgive him again.he said we do not need to go to the court for his arrested.and he asks me write a statement for him i never wanted him get arrested before.my question is i and he really don't need to go to the court for his arrested? and his bail money 15000 will be returned?(he told me not) and if it is ok for me to write a statement for him? it will affect me ?
and if later he did bad thing am i able to sue him again?tks!
He needs to go to court until the case is disposed by dismissal or judgment. If you write a statement for him it will help him very little and it could hurt you if you sue him in the future.
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2 lawyers agree
Family Law Attorney
Yes, your husband will need to go to any criminal court proceedings. Not appearing could result in losing the $15000 of bail money and a warrant issued for his arrest. You can write a statement to give to his attorney, and choose not to testify against him in any hearings or trials.
Beyond your legal rights, I think it's important to mention that it sounds like there is a pattern of violence in your home, and that you do not have to stay and put up with it. Spousal violence is never ok, there are no excuses for it, and it is not something to ignore. You have rights and there are people and organizations who can help you if you want to get away from abuse. For instance, you can contact a local women's shelter, file for a restraining order, or leave the house and stay with a friend or family member. I cannot tell you what to do or what is best for your situation, but please think of a plan to keep yourself safe if your husband attempts to abuse you again.
This answer does not create an attorney/client relationship, and is only meant as a suggestion of how to proceed. Due to the facts unknown to the answerer, some or all of this advice may not be accurate. In order to receive a full answer to your questions, please consult privately with an attorney.
Criminal Defense Attorney
Can you write a letter? Yes Will it help? No. Does he have to go to court? yes. Do You have to go to court? Yes, if properly subpoenaed. Do you have to testify? Maybe. The answer to that question is thaat you have some options and need to discuss them with your attorney, not his or the DA as they do not represent and cannot represent you.
Keep in mind that as a consequence of a domestic violence conviction, your husband wll have to attend counseling to help him with his anger problems. You , as a victim, can also have counseling to help you deal with him.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.