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I have filed domestic violence charges on my ...
Sent to Legal Experts April 10 01:45 PM

I have filed domestic violence charges on my ex-boyfriend. We had a heated fight and I ended up doing property damage at his house. He then hit and pushed me around causing multiple bruises on my body & face and gave me a fat lip. What is going to happen now that I filed a report? In the beginning I did not want to press charges but the police officer said that he was going to file charges regardless. What is the process when charges have been filed and will he be arrested?

 

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Lewisville, Texas

Customer (name blocked for privacy)
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April 10 11:20 PM (9 hours and 35 minutes and 12 seconds later)
         
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Dear Customer (name blocked for privacy):

Thank you for your question.

There are two issues here: (1) the physical violence; and (2) the property damage.

Congratulations on reporting the abuse. In reporting the abuse, the police have to launch an investigation. If you had the physical manifestations of the violence, i.e. the bruises and fat lip, at the time you talked to the police, they probably took a photograph of you for evidentiary purposes. If they did not take a photograph, if you were seen in an emergency room, the police will include any photos from your visit as part of their investigation report. In the course of investigating your complaint, they will interview people and try to gather evidence supporting the story you have told them. This will involve talking to your ex and any potential witnesses. If you were seen at a hospital, this could involve speaking to your treating physician. If the police conclude that there is enough evidence or probable cause, they will arrest your ex.

Shortly after being arrested, if this happens, he will be arraigned in court. This process allows the Judge to determine whether he will be released on bail and/or plead to the charge against him. At this time, the trial may also be set. It is also possible that he will be given the opportunity to plead out. This could include pleading guilty to a lesser charge and accepting some sort of punishment without having to go through a trial (or a determination of guilt). An example of this would be, being charged with first degree aggravated battery and assault, which carries jail time. Instead, one might be able to plead to third degree assault and receive a file with mandatory anger management.

If the charges proceed to trial, this is where you may be required to testify against him in order for a judge or a jury to make a determination of guilt.

Now when contacted by the police, you may need to be prepared for him to file a report for the property damage that was done. Any statements that you have made to anyone regarding this may be used against you, so you may want to consult an attorney or watch what you say to people. It may not be wise to own up to the property damage without fulling understanding the liability that comes along with it. This could depend on the extent and dollar amount of the damage.

I hope this helps. Please hit "ACCEPT", so I may be compensated for my efforts.

Thank you,

KAT




The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

KAT
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