How to prove my boyfriend didn’t beat me

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How to prove my boyfriend didn’t beat me

My boyfriend is locked up because my
family says he beat me even though I
said it was an atv accident but because
of prior assault issues the police will
not accept the fact that he didn’t not
beat me this time and have him in jail
for malicious wounding and put our
daughter in foster care. What do I do?

Asked on July 17, 2016 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is generally no way to "prove" a negative--i.e. that he did not beat you--other than for you to consistently and calmly, yet forcefully, tell people the truth, and if there were any other people (including your daughter) present at the time of the alleged beating, have them tell the truth, too. However, you can support your testimony with evidence that reinforces it--so if you say it was an ATV accident, show photos of the ATV and/or repair estimates showing the damage. Either you will be believed or not.
If the police did threaten you to try to get you to make a false report, you may wish to hire an attorney and look into filing a complaint against the police--you may be entitled to compensation.


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