What to do if after a domestic dispute between ex and I,she was charged with domestic assault even though I didn’t want to press charges?
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What to do if after a domestic dispute between ex and I,she was charged with domestic assault even though I didn’t want to press charges?
I just wanted a police report for if I ever wanted to seek retribution for my damaged belongings. Anyway I don’t want to see her go to jail and her lawyer tells her if I admit to mutual combatance then she won’t go to jail. I want to know if I did say that if there could be any legal repracussions against me?
Asked on April 8, 2013 under Criminal Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Do not lie to the authorities about the case. And don't trust your ex's lawyer; his duty is to safeguard her rights not yours.
Additionally, even if you try to retract the complaint that you made to the police, whether or not to press charges and proceed with such a case is up to the proesecutor not the victim. The fact is that victims in domestic abuse cases try to change their minds all the time. Consequently, if the DA's office has other compelling evidence and can make a case without your cooperation, it will.
Bottom line, don't do anything else without consulting with a criminal law attorney of you own.
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