Pressing Criminal Charges

Old 10-27-2013, 02:25 PM
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Pressing Criminal Charges

Has anyone on this board ever gone this route? I am supposed to choose two or three witnesses and submit their names to my lawyer.
Don't know how to choose among the eight possibilities and am I supposed to talk to them about this?

My lawyer doesn't have time to answer my questions since I can't really pay him.

This is regarding an act of domestic violence by stbxah last year. The prosecutor ordered a hearing six months ago and suggested we suspend the case. On the last possible day, I decided - for many complicated reasons and the simple fact that I knew from day 1 things would wind up like this - to go ahead and press charges.

Looking once more to benefit from the experience of any one who has had been through this to help me prepare.
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Old 10-27-2013, 02:55 PM
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Who saw the most of what happened? Who has the least at stake in testifying? Who was merely an innocent bystander observer? A defense lawyer will rip to shreds anyone who is testifying. If the person is unrelated to you and has absolutely nothing to gain by coming forward on your behalf, they are the better witness.

Prepare yourself for questions attacking why you waited to press charges. I do not say that to be mean but it will be a question. Seen it too many times. Just be ready.
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Old 10-27-2013, 03:19 PM
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Part of the truth would be that I waited because we were also in the middle of a huge legal jurisdiction battle six months ago. That was not resolved until September and since there is an appeal regarding the temporary orders. It seemed like the jurisdiction/temporary orders were more immediate (ie trying to secure enough money for food and lodging for the children).

Would that explanation fly with the prosecutor?

Otherwise, it is also true that if Stbxah would pay the bloody child support, or follow any other court orders for that matter, I probably would be feeling like I might drop the rest. And if he were behaving decently with the children.

His horrible behavior seems limitless. He keeps teaching me that the Mr Hyde I saw during the dv incident last year was, in fact, who he is. Even writing that statement terrifies me. Aïe!
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Old 10-27-2013, 03:22 PM
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Of course, explanation #2 is between us. Not for prosecutor's ears!

I don't care to retaliate. I care to stand up for myself.
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Old 10-27-2013, 04:44 PM
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I do not know where you are at in terms of jurisdiction. Whether your explanation would "fly" with the prosecution and you have your own lawyer in this means to me, in the u.s. that you were the person charged with DV. If you are the victim and are in the u.s. and your case is going through domestic violence court in my jurisdiction they would understand the wait in terms of pressing charges.

All I can say is good luck.
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