Yesterday my fiance and I had a bad fight... the neighbors called the police...I had marks on my neck but he didn't choke me during the fight. We are into that kind of intimate relationship.... choking during sex can be enjoyable. The state picked up the charges and since they thought he choked me it was a class b felony. They said if he contacts me he will be charged with tampering with a witness.... ...and his bond conditions say absolutely no contact.
How can the government do this? I didn't want to press charges on him in the first place... let alone be forced to be away from him for months while he fights this in court! What do I do? What can he do?
When it comes to domestic violence charges, the alleged victim doesn't get to decide to press charges or not. The prosecution sees far too many victims recant in cases of domestic violence. Also the judge will put a no contact order in place, especially if the victim doesn't get a protection order.
I have been through this. The first time my ex hit me, it turned into he said/she said and I ended up stopping all communication with the police after two months of bullshit investigation, an officer that was not doing her job and knowing he'd never admit to it. They dropped it after I said I'd stop cooperating.
I stupidly stayed went back to him 2 months later. Ended up pregnant. Five months into my pregnancy, he beat the hell out of me. I didn't tell anyone. I lied at work. Then when our daughter was about 3 or 4 months old, he beat me again. Nearly killed me. I called the police immediately once I got free. He got arrested. Well stupid me, I only got a temporary order and didn't get the permanent one. But the judge issued a no contact order for the duration of the case. It took me a month and a half to get the judge to drop it after talking to victim witness repeatedly. I did end up finally leaving him six months later.
I didn't contact him the entire time there was that no contact order and he didn't contact me.
This:
Let's say someone was charged with 2nd degree domestic assault.... the violator is told if he has contact he will be charged with tampering with a witness... and his bond conditions say absolutely no contact with this girl.
Now let's say this girl talks him into meeting up... they spend an hour together and have a good time then leave.... if she wanted to.. could she call the police and say look at the cameras... we were together... and get him arrested again? Or would the police have to catch them together
Are you wanting him to stay in jail or what? Do you want to get in trouble too? Then by all means set him up and yourself.
No contact means no contact. Period. It doesn't matter what you want. If you really want to try, you could talk to the victim witness advocates at the courthouse. They don't have to help you with getting that dropped though. I think you should talk to them anyway - IF this is real.
