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What is the difference between Assault and Domestic Violence charges? What's the best way to dismiss charges?
Anonymous1 views2 answers
My boyfriend of six years and I got into an argument which led to him pushing me twice from behind. At that time, he was severely under the influence of various narcotics. He was the one that called the police, only he told them that I wouldn't leave his residence and wanted me arrested. When the police arrived, they took him to jail for assault (not DV, why?) and domestic violence in front of a child (his son was asleep in a bedroom far away from our ordeal). He spent 3 nights in jail for this, and afterwards went on to drug treatment and is clean now. The case is going to trial, and I received a subpoena in the mail. I don't want him to receive these charges- I have already contacted the Prosecutor and was told it's not my choice. Will it be better for his case if I don't show to court?
Domestic assault violence, is an assault against someone with a domestic relationship. Long term significant others qualify for that.
If you fail to appear, they may issue a warrant for your arrest and compel you to testify. A subpoena is a court order, and generally those must be followed.
Nathan E. BurdsalChapter 7 Bankruptcy AttorneyOrem, UT ·
Assault is an attempt, with unlawful force or violence, to do bodily injury to another or an act, committed with unlawful force of violence, that causes bodily injury to another or creates the risk of bodily injury occurring. Utah Code Ann. 75-5-102 http://le.utah.gov/~code/TITLE76/htm/76_05_010200.htm
A Domestic Violence is a much more serious charge. It is most commonly an assault against a co-habitant. http://le.utah.gov/~code/TITLE77/htm/77_36_000100.htm
Is it better for his case if you don't appear? The honest answer is maybe. A fairly recent US Supreme Court case, however, allows statements by assault victims in special circumstances even if you are not present. For instance, the police officer that responded may be permitted to testify that you said your boyfriend pushed you violently into a wall. (I intentionally embellished here because who knows what the cop will testify to). Also any written statements or recordings of you may be presented as testimony without you being able to explain the out-of-context statements. So it may actually be worse for your boyfriend if you don't show up.
If you do not go to the hearing, however, the likely result will be that the case will be continued and a summons issued for your arrest. You then get to appear and explain why you ignored a Court order. (Advise from wont fly with the Judge either). I don't want my boyfriend charged is also not going to fly.
My advice: don't ignore a Court summons.
