Domestic Violence & Remorse

Joseph T Ostrowski

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Litigation Lawyer

Contributor Level 13

Posted almost 2 years ago. 6 helpful votes

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1

An argument gets out of control and the police are called.

Domestic violence is a real epidemic. Typically a fight, usually fueled by drugs or alcohol results in call to the police over the incident. Police interview witnesses and determine if probable cause to arrest one of the involved individuals. As the tempers settle with the dust a wife, husband, boyfriend, girlfriend or paramour realizes the consequences of what has happened and may have made false statements and now wants the charges dropped.

2

The Aftermath and a Zero-tolerance jurisdiction.

If the complaint lied and wants to undue the damage, it may be too late. If the complainant lied or made false statements, he or she cannot take the stand or they will be subject to a charge of perjury. So the rules of evidence provide that a husband or wife need not provide testimony. However, they will often not be needed as arresting officers will be able to testify as to what they witnessed and what was said.

Additional Resources

This is a common issue that arises in this forum. In a zero-tolerance jurisdiction the police will testify to substantiate the domestic violence charge and that they had probable cause to arrest and charge an individual with domestic violence. Some jurisdictions will drop the charges if the complainant is not willing to go forward. However there is a growing prevalence of zero-tolerance jurisdictions where the police offer shall supply the missing testimony.

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