Assault & Battery PLAINTIFF USES FICTITIOUS NAME AND MADE FALSE STATEMENTS ALLEGING DOMESTIC ABUSE

[DVCASENJ]

Jurisdiction

New Jersey

A dispute between an un-wedded couple resulted in an arrest with charges of assault on the defendant in a domestic violence case. The complaint states that the defendant inflicted burns onto the plaintiff's hand using a scorching hot light bulb. The defendant denies those allegations and contends that the plaintiff burnt herself in the kitchen while cooking earlier that day, but that a intense verbal argument did take place between the two if them. The kicker here is the plaintiff named in the allegations used a fictitious name when filing the complaint with the arresting officers. The case has been adjourned 4 times so far, because the district attorney has been unable to contact the ex-girlfriend and thus has not shown up in court and will not testify. The prosecution is now moving to have the arresting officers testify in place of the ex-girlfriend. Is the fact that the ex-girlfriend used a fictitious name to hide her identity grounds for dismissal? Can someone shed some light on this?

 

[army judge]

A dispute between an un-wedded couple resulted in an arrest with charges of assault on the defendant in a domestic violence case. The complaint states that the defendant inflicted burns onto the plaintiff's hand using a scorching hot light bulb. The defendant denies those allegations and contends that the plaintiff burnt herself in the kitchen while cooking earlier that day, but that a intense verbal argument did take place between the two if them. The kicker here is the plaintiff named in the allegations used a fictitious name when filing the complaint with the arresting officers. The case has been adjourned 4 times so far, because the district attorney has been unable to contact the ex-girlfriend and thus has not shown up in court and will not testify. The prosecution is now moving to have the arresting officers testify in place of the ex-girlfriend. Is the fact that the ex-girlfriend used a fictitious name to hide her identity grounds for dismissal? Can someone shed some light on this?

Many times in cases such as this, the alleged abuser allegedly bullies the alleged victim to disappear so that said alleged abuser ends up getting the case dismissed, or so goes the alleged abuser's twisted logic.

The prosecutor is very clever.
The prosecutor can use the arresting officers, and the interviewing case detectives to get the alleged victim's statements into evidence, so the alleged batterer won't get away with murder, or tampering with witnesses.

Some alleged abuse victims think getting burned, stabbed, battered, or worse is his/her fault. Therefore, the alleged victim feels remorse and recants not because testimony was false, but because he/she had a change of heart, or was scared about receiving another thumping.

I suggest this alleged batterer discuss the case ONLY with his attorney.

Prosecutors often scour the Internet looking for evidence.

 

[leslie82]

I'm surprised the prosecutor is continuing honestly. Good on him or her.