I have video/audio evidence of my wife and I talking about a night I got arrested for alleged Dv assault, How should I proceed?

Asked about 1 year ago - San Diego, CA

The recording occurs 4 months after I am arrested for an felony assault charge of assault with a deadly weapon, the case got dropped down to a class 1 mis, police report clearly states my son who witnessed the event as saying "mommy tried to hit daddy with a knife".
I will post the link to the audio portion I am speaking of. Also on the same video I get her admitting to multiple false reporting of DV to friends and family, Also her almost killing u sin 2004, and slapping me then lying to to others saying I beat her. I want to put an end to this false reporting BS many men and women face daily. I want to sue my wife since the cops and DA dont aknowledge REAL evidence. My wife is mentally ill I believe the system takes advantage of her fears. I love her regardless. I stand my vows.

Attorney answers (2)

  1. Kelvin P. Green

    Contributor Level 19


    Lawyer agrees

    Answered . The case was dropped from felony to misdemeanor. If it led to a conviction, you were guilty. You had an opportunity to vindicate yourself but if you were convicted, especially if you pleaded guilty you don't have much of a case.

    What is real evidence? Even if you could sue you have admissibility problems because of marital privilege..

    .the fact that you want to file a civil suit against your wife and sue the woman you are married is not going to work. What would you want the outcome to be? Legal damages where she pays you money? Or equitable remedy where you live together but you have restraining order to prevent her from false reporting? Exposing some flaw in the system or bringing her down is not a remedy you can get. Neither remedy available is practical.

    Your posts indicate you that you have read case law and understand the law but then ask attorneys for help only to denigrate them. If you understand the law that well file the suit pro per and see how far you get.

    Your anger is obvious and the attacks you made towards Ms Ellis indicate an anger that needs to be addressed. ...you came asking for help then verbally insult someone who offers some valid advice. You attack legal credentials and character out of the blue.

    To put an end to the false reporting , get out of the relationship and file for restraining order and move far enough away that you have quality time with your son without her interfering.


    I am sorry for the hand that life has dealt you especially your illness. But anger directed against others is counterproductive and only makes it more difficult for you.

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  2. Jennifer L. Ellis


    Contributor Level 18


    Lawyer agrees

    Answered . I suggest you contact Avvo and ask it to remove this information. You are providing simply too much stuff online. Hire a criminal defense attorney to help you.

    I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New... more

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