What to do if after a domestic dispute between ex and I,she was charged with domestic assault even though I didn’t want to press charges?

UPDATED: Apr 8, 2013

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What to do if after a domestic dispute between ex and I,she was charged with domestic assault even though I didn’t want to press charges?

I just wanted a police report for if I ever wanted to seek retribution for my damaged belongings. Anyway I don’t want to see her go to jail and her lawyer tells her if I admit to mutual combatance then she won’t go to jail. I want to know if I did say that if there could be any legal repracussions against me?

Asked on April 8, 2013 under Criminal Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do not lie to the authorities about the case. And don't trust your ex's lawyer; his duty is to safeguard her rights not yours.

Additionally, even if you try to retract the complaint that you made to the police, whether or not to press charges and proceed with such a case is up to the proesecutor not the victim. The fact is that victims in domestic abuse cases try to change their minds all the time. Consequently, if the DA's office has other compelling evidence and can make a case without your cooperation, it will.

Bottom line, don't do anything else without consulting with a criminal law attorney of you own.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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