My wife falsely accused me of hitting her with a closed fist , resulting in a small bump on her forehead. Now she is willing to tell the truth and say that she hit her head on the car door. When she told the States atty. that she wasn't going to testify against me because it was self inflicted, the states atty. told her that they were still going to pursue the charges against me. She did not get any medical treatment and the police did not take any pictures of the injury. Her and I were the only ones at the house at the time. And she says the police pressured her into signing the complaint
I am re-classifying this under criminal law. And, what is your question?
If your wife is the only witness and uncooperative and there is no physical evidence, the case is going to be nearly impossible to prove. The state can try to go forward, but without any evidence they may well have to dismiss this case. That will probably not happen until the day it is set for trial when the witness doesn't show up. You will have to go through several pre-trial hearings at which they will try to pressure you into a plea agreement so you ought to have an attorney.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
If the case has not yet gone to hearing, your wife can testify as to the truth of the incident. However, keep in mind that her recanting as well as the story about hitting her head may be found not credible.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Some SA's offices won't go after a victim by issuing a warrant for not answering a subpoena for an appearance at trial. I'm sure you have a lawyer so they'll know the games in your county as to addressing an uncooperative spouse...spousal privilege, asserting her 5th amendment rights, not answering the subpoena, etc.
This message does not constitute legal advice, nor does it form the basis for an attorney client relationship. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline