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Family violence

Discussion in 'Other Family Law Matters' started by Kayleyy, May 18, 2017.

  1. Kayleyy

    Kayleyy Law Topic Starter Guest

    Jurisdiction:
    Texas
    Wise county.
    Family violence.

    My husband and I got into a physical altercation we were told it was domestic dispute but it is family violence I have signed the aff non prosecution he was picked up on the warrant and I signed it after I think it is a class c I am the victims what can we do to get this thrown out mind you we were both wasted both walked away with scratches and bruises we don't know how it started or what happened my mom called 911 when he left and the cop told me to write a statement I said I didn't know what happened and he told me to write what I "thought" happened I was totally blitzed and out of it how do we take care of this??
     
  2. ElleMD

    ElleMD Well-Known Member

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    Please use proper sentences. If your husband has been charged criminally, you can't undo it. He can defend himself at trial, but should discuss with an attorney how to best do that.
     
  3. army judge

    army judge Super Moderator

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    You can't get it thrown out.

    If the prosecutor decides to "nolle pross" it, that comes later.

    You need to stay away from the other party until the court has ruled on this charge.

    If you're found together, say in an accident, he can be charged.

    It doesn't matter who called the cops, once the cops arrived, its out of anyone's hands but the criminal justice system.

    If you were so inebriated or drugged up, you might look into rehab, AA, or NA.
    Violence, fighting, shouting, inebriation, drugged beyond consciousness aren't traits of civilized, productive people.

    I suggest you think about what happened, and work on fixing yourself.
    Good luck.
     
  4. leslie82

    leslie82 Well-Known Member

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    You can't get anything thrown out of court. You don't press charges. The police were sober so they probably figured out what happened or they arrested your husband because he seemed to be the aggressor.

    This is the definition of domestic violence: "violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner." It was domestic violence not "family violence."

    You two either need some serious counseling OR you need to walk away from the relationship.
     

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