1st post long time reader. I have to say you guys are wrong

[BethandBilly 86]

I know of a guy walked away with Felony DV charges, as soon as he was charged he was released and has since been in court, again released, so anyone saying with a Felony charge you won't be released thats untrue in some states.

OP get out of the house, do not live with your wife, if what you are saying is true then your liberty is at risk and you need to protect yourself.

My husbands ex wife was the aggressor in their relationship and would regularly leave him with cuts and bruises, he is 6'3" and 250lbs, she is about 5'5" and about 130lbs, he never laid a hand on her other than to stop her attacking him. He called the cops on her and instead of asking him how he was, they asked her, they never asked if he wanted to file charges etc. The same lady also accused her own father of sexual abuse because she wasn't getting her own way and wasn't the centre of attention. I've heard more lies come out of the woman than I've ever heard in my life, it seems some women have lying down to a fine art and do not care who they hurt whilst they spin their tales.

OP be careful, try your best to get a lawyer, as another poster has said you can do payment plans with a lawyer. You should never go into court with a felony hanging over you and no counsel. I wish you the best.

[MangoAve 25]

The reason it took 5 weeks is because after the police finished writing the report, it had to be presented to a judge who signed to authorize the police to arrest you on the 'crime'. IDR the statistics but since men account for the majority of reports of DV, that is why they always take the side of the woman. Why do you think they have VAWA, but not VAMA? IDC if you think female police aren't bias in that situation...it happens so they will press the issue too. Some states press the issue further as well.

Yes, one said it is also wrong to file a false report. There is only a big IF... if it can be proved she lied on the report than she can be arrested for the crime of filing a false report. A lawyer may be able to help you in determining credibility and moral character for the case itself. Some states will allow working with another state org, and the charges will be dropped and record expunged (charges nullied) in 1 year from the first court date. Something like family violence program or anger management...there was different name for the anger management program.

It does help to have a witness... for the court. But if there is a witness, it didnt help in your situation for the report side. If they pursued getting a statement from you (which they should have done) and you told the police there was a witness and they took a statement from the witness as well, they would have presented it to the judge. IDK, but it would have been more likely the case would have been thrown out if the police bothered to get your statement and your brother's. I agree with everyone else who said to leave her. Just a lesson that if you ever go through with a K1 again, you talk about this prior to her coming here.

Edited August 7, 2012 by MangoAve

[DeniseFrance 14]

Leave her, FAST!

She is NOT to be trusted!

it's that simple!

[Vicomi 31]

I'm still with her, but I'm trying to decide what I will do

The damage is done... No turning back! But ultimately the decision is yours. Good luck with the rest.

[Harsh_77 718]

that's the problem I don't qualify for a public defender and a lawyer is so much. I went to a couple and the average was 8000 because it's a felony. as strange as my story sounds I'm pretty much summarizing what the arrest report has in it and many of you on here are saying something is write so I'm hoping when I go to court the DA will feel the same way.

If you know you are right have not done anything wrong, than you can hire a lawyer and when you win the case you can sue her to recover the cost of your lawyer.

[del-2-5-2014 1,339]

If you know you are right have not done anything wrong, than you can hire a lawyer and when you win the case you can sue her to recover the cost of your lawyer.

She's a new immigrant that he sponsored.

So he sues her, then he goes to collect the judgemetn btu she of course has no assset,. Does he then go after her sponsor who signed the affidavit of support? Oh wait, that's him. A quagmire.

[rlogan 2,036]

NO, the arrest report states I was choking her so if I'm 120lbs heavier then she is how in the world she can push my hands lose and have absolutely now marks on her neck because if she did it would have been notated in the arrest report

You stated the incident happened five weeks before. So why would there be marks five weeks later? It has to be terribly upsetting to have a false police report of domestic violence. You aren't thinking clearly, which is understandable. There is no more important time than now for being 100% accurate with your statements and understanding.

We already know people can be arrested on the basis of false police reports. You also said there was no bond, but you posted bond. Your confusion is that when a person is arrested they have a court appearance at the first available opportunity, usually the next day unless it is a week-end. The police are not courts. Conflating the two of them by purposefully leaving out details helps no-one.

This is the kind of clarity people need. It is wrong to decide that people should have facts withheld so they can "understand" better. You were arrested. You had to make an appearance in court. The first available opportunity was the next day. So you spent the night in jail. It is a crime to perpetrate that upon someone falsely. But it is also a crime to kill people or steal their car, yet it happens every day. Don't confuse "illegal" with "can't happen".

[TracyTN 237]

they said that she made the report in school but her school is in a completely different city from where I live so why isn't the city her school in handling the case that might be why it took so long.

A little thing called jurisdiction, which is determined by where the alleged crime was committed and not where the alleged victim made the statement.

[Dana and Divine 61]

Charged with a felony, in the eyes of some employers, is the same as found guilty. I have a lot of guilty pleas on my record, but even more dismissed charges. All it takes is for the employer to see the charges, most never go so far as to look at the disposition. They figure if you were charged with it, there must be something wrong, even if dismissed or found innocent. Heck, most of them don't even know how to read the report. Being a convicted felon really sucks.

Good news is the government is pushing to have the questions of having been arrested/convicted off employment applications and allowing the person to explain at the interview if it comes to that. (don't feel like looking for a link). The EEOC says it could be considered discrimination since the majority of convicts are hispanic or black males.

Back to the issue, if this woman feels like sneaking around filing charges and claiming domestic violence then you need a new woman. I say split from her and don't give her the chance to file any more. BTW has she been living with you all this time since the incident that supposedly happened? Although most DV victims stay in the home for various reasons this would be an indicator, especially is she did not seek a protective order, that maybe she is not fearful.

Refer to my first post. In most jurisdictions the sworn word of someone is enough. They feel the time to provide proof is in court.

"(don't feel like looking for a link)" :rofl: I feel ya on that. And when you stated "the EEOC says is could be considered discrimination since the majority of convicts are hispanic or black males," well i feel you on that too! This guy is going to be out a lot of money, probably for "nothing at all". Very sad, but true.

[velrich 50]

Because he succeeded in pulling you into his web of deceit (it's not real )

:thumbs: