I have a dv question. I had an episode of psychosis and falsely accused my husband of a domestic. He is now being tried

Expert's Assistant chat
Customer: I have a dv question
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I had an episode of psychosis and falsely accused my husband of a domestic. He is now being tried in court and I am worried he is going to be put in jail because he has a prior domestic in another state from a few years ago.
JA: Family law varies by state. What state are you in?
Customer: TN
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats all
Answered by George J., Esq. in 1 min 2 months ago
imglogo
George J., Esq.
10+ years of experience
logo

974 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
George J., Esq.
10+ years of experience
logo

974 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

George J., Esq., Expert

Hi. My name is George. I am an expert at Just Answer. I have been a practicing attorney for over 29 years and I will try to assist you with the problem that you are having at this time. This communication does not establish an attorney-client relationship and none of our communications are considered privileged communications.

It may take me a moment to type up my response so be patient and I will address this problem as soon as possible.

Customer
Thank you
img

George J., Esq., Expert

In order to convict your husband of domestic violence, the prosecutor has to have evidence of a crime.  Generally, that evidence comes from the alleged victim to the assault, which would be you.  If you tell the prosecutor that there was no assault, then they cannot proceed against your husband.  You may also work with your husband's attorney to help resolve this matter without any conviction against your husband.

Customer
They have the original police report from the hospital which stated that he did hurt me, but then the only other evidence is the police report I filed saying it’s not true and the paper work showing I was in an altered mental state and the photos backing my evidence that nothing happened
img

George J., Esq., Expert

What injuries were there and if your husband didn't cause them, ow did you get them?

Customer
They said that my arm was broken, but when I went to the orthopedic surgeon the next day he undid the cast and confirmed that nothing was broken or fractured. I had a bruise on my leg, but it was from my kitchen table, the cop took all sorts of photos but most were just redness which wouldn't have been from the incident considering I went to the hospital the day after the incident
img

George J., Esq., Expert

Police reports are generally not admissible in court because they are considered hearsay evidence.  The prosecutor may be skeptical of your change of story as many victims of DV change their story.  You may want to contact your husband's attorney as well and give him copies of the evidence that you mentioned which may help your husband be able to get this case dismissed.

Customer
He has a public defender.
They have a lot of evidence (photos, doctors notes, my new statement, a list of my mental issues, ect) and all they have for "evidence" of something happening is my original police report and the statement from the nurse saying my arm was broken but I provided paper work from the surgeon stating it's not and I showed evidence of the bruise on my leg being from the table.
img

George J., Esq., Expert

Who did you show this evidence to?

Customer
The police and the DA at our last court date
We went to court for a peaceful contact and it was denied, but the judge didn't look at any of it he just looked at the original police report and my husbands history. We go back to court Monday. But the DA took my evidence so I no longer have it
img

George J., Esq., Expert

You didn't make a copy?  In any event, they will still need your testimony to prove how those incidents occurred and a police report won't do.  But they will cross-examine you about what you originally told them and then you can testify as to the truth.  Your husband's attorney can also elicit that testimony from you as well.

Customer
What happens if I don't go to court? They told me I don't have to be there i just need to be available by phone
img

George J., Esq., Expert

With Covid, courts in different areas operate differently.  If the hearing is by phone, then you just be available by phone.  A failure to be available or appear, can cause the court to issue a rule to show cause against you and be held in contempt of court and punished accordingly.

Customer
He has to be there in person, but they said I do not.
img

George J., Esq., Expert

That is entirely possible.  Just be by the phone and tell the truth.

Customer
Perfect, thank you.
img

George J., Esq., Expert

My pleasure.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer