Legal Question in Criminal Law in Pennsylvania

My boyfriend and I recently got into a fight. He had been drinking and I was not happy about it. The fight eventually became physical, his blocking my way when I tried to go upstairs and me hitting him in the face. It did not stop there but nobody was seriously injured. I called the police out of anger wanting him removed from the home for a few hours or days just to sober up and cool off. In my written statement I told the police all of the things he did but left out my major part in it. I did include that he did not belong in jail and that all I wanted was for him to receive the help he so desperately needed. Now there is a no contact order in effect, he spent a week in prison, and is being charged with simple assault, terroristic threats and harassment. This has all gotten out of control. We have children and this is tearing our family apart. I just wanted him to sober up and a little cooling off period. If I retract my statement and tell the police the truth, that I was the aggressor in this case can I be prosecuted and taken away from my kids as well? This District Attorney does not seem to be interested in helping the situation.


Asked on 2/23/12, 8:31 pm

1 Answer from Attorneys
Ellis Klein Young, Klein & Associates

The way the domestic violence law are written in PA, the police must make the arrest if they observe any injuries. The DA is not helping because he is not your friend, but is looking to get the conviction. If you did not tell the truth to the police then you have a 5th amendment right not to testify. What you need to do is get a lawyer for him AND a lawyer for yourself to tell the judge that you are invoking your right not to testify. In previous cases like this my firm has been able to get the charges dismissed for lack of evidence or at the very least, work out a beneficial plea bargain. He should also file to change the bail conditions to allow contact.

If you give me a call at 215-639-5297 I can discuss the case with you in greater detail.

Ellis Klein, Esquire

Young, Klein and Associates

215-639-5297

Read more
Answered on 2/24/12, 4:36 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania