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If I accuse someone of domestic violence does there have to be evidence of my injury for him to be arrested?

Frankenmuth, MI |
Filed under: Domestic violence

I called 911 to complain of being assaulted but there was no evidence of any injury to me. But he did have an injury. He was arrested but said he did nothing to me.

Attorney Answers 2

Posted

No, there does not have to be evidence of injury to you. Quite a few of domestic violence crimes do not have any evidence of physical injury and are the alleged victim's word against the Defendant's word. It will be up to the jury to decide if the alleged victim is credible beyond all reasonable doubt to convict. The jury does not have to believe the Defendant because the Defendant is presumed innocent and does not have to prove anything.

My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.

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Posted

These are often he-said she-said cases. The signs of violence are not conclusive either way. I have heard of victims harming themselves to get someone arrested. The police will often arrest both parties if they accuse each other of violence.

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4 comments

Asker

Posted

what if the domestic violence doesn't happen all the time and just have intervals but, i took photos of the injury and has medical record of my bruises and cuts?recently, i tried to go to a precint to know more about filing a DV police report but, to no avail since you can only call them and they will be the one to go to your location. i don't want to report anything yet as i am just a month away for graduating. i didn't report any because i am afraid no one would take care of the kids and i am financially disabled as of the moment and immigration status is not yet removed.could i file a DV case after my graduation in a month?i am trying to give in to what he wants though sometimes we fight everytime i catch him viewing pornography as he is addicted.it is always the reason he is defensive. i want him to have counseling and bought books about breaking pornography but, he is in denial and doesn't want to read or do anything about it. we have a preacher who tries to counsel us but, believes that my anger issue is the one to be dealt with not his pornography addiction eventhough it is the only reason why i get angry.plus he can't stop contacting his ex mistress who is also married now,they were both married when they committed adultery and now, they said they are friends but, they are emailing each other secretly and calls their spouses shadow and my husband kept her photos of nakedness and genitals showing,all her letters to him that indicates their secret relationship back then.i tore it up and he got so mean and mad and he gets defensive when i try to say something he don't like about his ex mistress.it's a long story but, he's always threatening for divorce and now, to take away everything from me including my kids and calling ice and sending me home and cutting all support if i don't cooperate with what he wants.giving him freedom for his pornography and dating sites...he threatens to not give me the car so i won't be able to go to school.he refuses to get a job since he was let go in 2011.he hates that i am going to school

Timothy J. Klisz

Timothy J. Klisz

Posted

You asked this question 8 months ago. I assume the police won't hear your complaint this far after the event occurred.

Timothy J. Klisz

Timothy J. Klisz

Posted

You asked this question 8 months ago. I assume the police won't hear your complaint this far after the event occurred.

Timothy J. Klisz

Timothy J. Klisz

Posted

You asked this question 8 months ago. I assume the police won't hear your complaint this far after the event occurred.

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