You can try to give an amended statement to the police. However, too many victims of domestic violence make the exact same claims that you do for the case to be dismissed. It is a case of the many who take advantage of the system ruining it for the few who are telling the truth. In order to get the case dismissed, your boyfriend needs to get a good attorney to see if he or she can successfully attack the evidence.
The question about the protection order is more simple to deal with. Simply let the court or DA know the D.O.B. is incorrect, and it will be fixed. Even with an incorrect D.O.B. the protection order is in full effect and your boyfriend can get into more trouble if he violates it.
Brandon U. Luna
If the DA has a proof problem, they might dismiss. However, "fighting" between two people in an intimate relationship is often the basis for a domestic violence charge, no matter how slight a disagreement might have seemed to you at the time. A domestic violence charge could be excessive in light of all of the facts as they become known.
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It would be good for the district attorney to know this information because it weakens the case against your boyfriend. If this matter goes to trial and you are put on the witness stand, your testimony may be too unclear, or just unhelpful to get a conviction. On the other hand, the DA may think that you are trying now to protect your boyfriend, who was actually violent, and may use the law available to point out to the jury that in domestic violence cases victims often retract their statements - and that often women are abused about seven times before they find the ability to leave the abuser.
Please talk to the victim advocate at the DA's office. Please also consider some counseling for yourself (there may be funds to help you pay for this through the victim assistance funds). I certainly don't want you to support false charges against your boyfriend, but even more than that, I want you to make sure that you are protecting yourself, and caring for yourself well enough to be safe. Good luck.
This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.