Legal Question in Criminal Law in North Carolina

my husband and his lawyer are fighting a restraining order i have for assaulting me, but i want to settle everything out of court. they will go along with my plans as far as the custody and visitations of our child, if i drop the charges and order, but they want me to write a statement that he did not assault me. can i do that with out getting into trouble?


Asked on 5/05/16, 11:57 am

1 Answer from Attorneys

Likely not. If you sign such a statement you are basically admitting to perjury of your sworn statement when you filed the paperwork to get the restraining order. Perjury is a crime. So it is not a good idea to sign such a statement. If an attorney is willing to negotiate with you - you clearly have the upper hand. Odds are they will agree to your terms in exchange for you consenting to allow the ADA to drop the charges without such a statement. Besides, the decision to drop the charges is not yours. While you may make the request, it is the ADA's choice. Personally, if I were you, based on the facts as you have presented them, I would consider following through with the restraining order and also getting custody, child support and visitation on my terms. The restraint order aka domestic violence protective order, will likely keep him in line and give him something to think about before acting the fool again. On the flip side of that, if you consent to the charge being dismissed, it will make you look like the boy who cried wolf if you have to go back to Court. Best of luck.

Read more
Answered on 5/05/16, 1:51 pm


Related Questions & Answers

More Criminal Law questions and answers in North Carolina