Legal Question in Family Law in Georgia
My boyfriend and I had an argument on december 6th of 2012 he had packed his things and left and then I had an anxiety attack that landed me in the hospital (because of lack of oxygen ifrom hyperventlating I fainted and hit my head pretty hard on the concrete floor.) I also have a nervous tick of scratching my arms, neck and scalp sometimes until they bleed.
When I got to the hospital they were required to call the police because it was a domstic issue that caused the anxiety attack. I was not aware that the state would take this in to their own hands reguardless so I told the officer everything that led up to the panic attack. Since there were no threats or contact made I didn't think it would have gone any further then that.
He is now in county jail on both simple battery and simple assualt. He turned himself in on the 8th of december because the night before around midnight the police were looking for him with 2 warrents. When we went to his first arrainment, I got to see the police report the OFFICER wrote for the first time. I was appald by how fabricated it was! He took everything I said out of context and made this situation something it was not. For ecample, while I was telling the officer that my boyfriend was packing his stuff, I listed off things such as clothes, coats, blankets, and lighterfluid for his zippo lighter. He took the lighter fluid out of my statement and changed it to, "the defandant tried to pour the lighter fluid on ms starr, with the intent of setting her on fire with his zippo lighter" I nevr mentioned aything about him trying to light me on fire, because he hadn't.
Also I had x-rays done at the hospital due to my fall, I had a minor concussion and the prosicuter is making it sound like he gave me a concussion and is using the scratches I caused MYSELF as further "evidence" that he was vilent toards me.
I have 2 questions, 1) what is the likelyhood these charges will be dropped and is there anything I can do to up those chances? And 2) is there any way to fix the police report, or get the officer who fabricated it repremanded in some way?
Thankyou in advance
1 Answer from Attorneys
The prosecutor will determine whether to pursue charges in consultation with law enforcement. Prosecutors are used to dealing with abused spouses/girlfriends who suddenly change their story, and put their lives and the lives of their children in danger by trying to help out the abuser. Prosecutors understand that this just tells the abuser it is OK to keep hitting them, and that the same victims often end up in hospitals or worse. Those victims need counseling and they need to get far away from the abuser. For that reason, the prosecutors may continue with the charges. None of that is your issue - that is between your boyfriend and his lawyer. You simply need to tell the truth.
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