He did shoot his gun but not at me. And I never felt that my life was in danger when he held the gun. I don't even know what all he was charged with as he was not arested on the premises. I have no bruises but there was damage to the house. He did not lie to the police and the only thing he left out of his statement was that he went to the bar. I do want him to seek counseling as I do not know what brought this on and do not want it to happen again.There has never been an incident in the 10 years we have been together. The police have never been called to our house and he has no prior record of abuse that I am aware of. If they won't drop the charges, can they make me testify against my husband in Kansas?
Unfortunately your family is now in the world of criminal law, and domestic at that. The prosecutor is required to consult you as the victim, and keep you informed. He is not rquired to do what you want done with the case. How much he will follow you wishes I cannot say. You have the right to talk to anyone you desire and to refuse to talk to anyone. That is until you have been subpoenaed. If you are sbpoenaed you must appear in court and, generally speaking, must answer questions put to you. You might want to consider talking with your husband's lawyer or having one of your own to protect your interests.
Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, [email protected] This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
The prosecutor will be very interested in the allegations and statements made in the police reports--as opposed to your statements now. In addition involvement of a firearm is pretty scary. You must understand that prosecutors are VERY concerned about domestic violence and probably don't want this case to go away if there is any potential for future problems. Perhaps you or your attorney could suggest a diversion agreement whereby your husband could do some things that would make the prosecutor comfortable that this won't happen again, i.e., counseling, anger assessment, education, etc. With a diversion agreement there would not be a conviction of a domestic violence crime, which is very important to most folks.
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