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

Asked in Frankenmuth, MI - about 1 year

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)

Timothy J. Klisz

Livonia Personal Injury Lawyer

Licensed in MI

Answered about 1 year ago. 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.

Flag

Mark as helpful

4 comments

Robert C. LeBrasseur

Portland Criminal Defense Attorney

1

0

Answered about 1 year ago. 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... more