mercredi 25 avril 2018

Domestic Violence: Dismissal of a Criminal Charge vs. Acquittal After Trial

GC wife of 3/1/2 years. Prior to this I was married and living in the same house for 30 years with the same woman for 27 years, we both had our LTC's and negotiated our divorce while living together. No arrest record ever. Last year I contacted an attorney and told him I wanted a divorce, she was abusive and a danger. I held off after she physically restrained me admitting she was using my PTSD (Vietnam related) to provoke me. The truth was brutal, but I knew it was true, so I backed off. Big mistake.

Last month we went on vacation. After two days of needling I packed up and left. Forwarded her the plane ticket and told her I was going to my company reunion and not to come. Texted her I would bring the rental car by, rent any hotel, enjoy your vacation etc.

She beat me home by 4 days and hatched an abuse plot. Went to the local PD the night I got home and made a host of felonious accusations against me. Ok forward to 'dangerousness hearing' in District C. Judge wasn't buying it, I was released without bond with GPS supervision and a few other stipulations. My attorney is very sharp. I told him she is either going to admit to her spurious charges at the next hearing or I'm going to face my accuser in a full trial.

My attorney is filing a motion for discovery we're three weeks out. Now either the case gets dismissed outright or she's going to have to perjure herself under oath. I don't hate her, but I'd love to see her deported. As to motive I found out if a GC holder files an DV abuse charge and she files a I-360 and automatically gets her 10 year GC without my validation of the marriage. She living in my house and having a good old time and I'm paying for everything, including two lawyers...lol

The kernel of my question if the DA agrees to dismiss before trial does it carry an equal weight of being found not guilty at a trial ? If she caught perjuring herself do I have legal recourse ?

Sorry for the verbiage and thanks....


Domestic Violence: Dismissal of a Criminal Charge vs. Acquittal After Trial

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