What to do regarding a domestic violence case?

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What to do regarding a domestic violence case?

The other day me and my wife got into an argument. She was basically accusing me of talking to another female because of a good morning text. So I kept trying to talk to her to get her to believe that im really not cheating and it led to her and I pushing eachother around and I have a small minor scratch under my neck from her grabbing my neck. Well, the next day, I went to her to try once again to talk to her about the situation and she didn’t want to talk and she yelled and said that she was going to have sex with someone else and as soon as she said that I lost it and grabbed her by her neck and pushed her and she was hitting me back and then she slashed 3 of my car tires and threw a brick through my windshield but I broke her phone along with a few of her other things. She called the cops and they said that she was the primary aggressor and arrested her and they left and didn’t tell me anything after all of if was done, even though I don’t want any charges bought against her since we both were in the wrong. I put my hands on her just as well as she put them on me and I broke her personal belongings just as she broke mine. We really don’t want to go through all of this because we know we were both in the wrong. Can I get some help and advice on this please?

Asked on December 3, 2017 under Criminal Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

You really should consult with a criminal law attorney ASAP. If you admitted to hitting your wife, you really need to have legal counsel. Charges could still be brought against you. And whatever you do, don't speak with the police again. You are under no legal obligation to do so, even if they come to your house. As for your wife's sitution, she also needs immediate representation, if she has not already retained an attorney. Further, even if you do not want to proceed with the case against her, that's not your call. Only the state can bring charges so only the state can drop them. If there is sufficient enough evidence to move the case forward without your cooperation, the charges will not be dismissesd. Again, consult with a local lawyer. 


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