Cops were called to my house tonight over an arguement with my boyfriend. He was taken to the hospital and was admitted to the psych unit. My question is the police made me sign a paper stating that I refused a restraining order. I didnt really read the paper at the time, otherwise I would have asked the police this... It stated his charges were domestic offense. Does that mean he has to go to court and it could appear on his record? And if so what does this mean for him (jail time or community service?)
thank you for you time
2006-10-08 22:33:42 · 8 answers · asked by Kayla born 8/18/09 <3 4 in Politics & Government ➔ Law & Ethics
Just adding that I was not the one to call the cops, I guess my neighbors did..
2006-10-08 22:47:41 · update #1
If you live in the U.S. then what you signed is a D.I.R. (Domestic Incident Report). All law enforcement is required to fill out this form when they are called to the scene of a domestic.
Whether you want your boyfriend charged with the crime or not, it will be up to law enforcement and the DAs office to decide if they want to pursue charges, though they will take your wishes in to account. If they feel they have sufficient evidence they can charge him with various crimes ranging from harassment 2nd (if he physically assaulted you with little or no injury) to endangering the welfare of a child (if children witnessed) to assult (if he did major physical damage or used a weapon)...as well as other offenses.
If it was only a verbal altercation, most law enforcement in my jurisdiction do not arrest for that on a first offense. But, it sounds like he was picked up on a mental health call. Was he threatening to harm himself?
It is possible that he will be ROR (released on his own recognicense) or given an appearance ticket to appear before a judge. If its his first offense and he did not physically harm you then he will probably not do jail time (but this depends on the judge).
If you change your mind and want an order of protection, or counseling or if you have additional questions call your local domestic violence agency. They can assist you further. And...if something like this happens again, don't hestitate to call the police or go in to a shelter. No one has any right to ever hurt you. And...verbal abuse is still abuse.
2006-10-09 04:27:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The paper that you signed was probably some kind of waver, stating that they are no longer responsible if you do not place the order, and he comes back to seriously hurt or kill you, they will not he held liable. And because the cops were called and he was taken into custody, most likely he will be charged by the state whether or not you filed an abuse claim against him. The state will make the claim anyway. Its all about the money it will cost to go through all the ordered programs that he will have to complete. And its a way to protect themselves against any law suits or negligence.
2006-10-09 05:49:34 · answer #2 · answered by firedup 6 · 0⤊ 0⤋
A friend of mine had a similar thing happen, domestic abuse, then refused to sign anything against him. But the district attorney will most likely file charges against your boyfriend anyways (depending on the charges), no matter what you told them later and it doesn't matter if you signed anything. (that is just for YOUR protection for the future and they are required to advise you that you can get a restraining order) The reason they charge him anyways is because violence against someone else is a criminal offense. My friend refused to testify against her boyfriend when it went to court, but he went to jail anyways. It was a 3rd offense for him and he was on probation at the time. Instead of asking what this means for HIM and worrying about him, maybe you should start asking yourself what this means for YOU and your future to stay with someone who has issues like this. I don't know all the facts, but if this isn't the first time it has happened, you should start asking yourself if staying and taking him back is a safe thing for you to do. Good luck.
2006-10-09 05:56:25 · answer #3 · answered by Blondecicle 2 · 0⤊ 0⤋
depends on which state. In california, the police got fed up with being called out on domestic only to have the girl change the story, so they implemented a standard that pretty much requires somebody to go to jail if they are called, and the d.a. will prosecute regardless if the testimony changes.
He will appear in court and if charged it will appear on his record (not background, unless convicted)
Whatever you signed you can bet it was to help build their case against him.
Most cases, depending on the severity and prior record, jail time.
2006-10-09 05:44:42 · answer #4 · answered by digdugs 3 · 0⤊ 0⤋
Yes police wanted to get a cover paper for their presence and intervention.We should think twice before calling police because that is a extreme measure.By adopting such extreme measures we do some time lose our friends for ever.
2006-10-09 05:44:15 · answer #5 · answered by mslh_uddin 1 · 0⤊ 1⤋
what DWW said...they were offering you the option of requesting a restaining order, and you were refusing to do that. His charges if any will be independent (in most states now) of any documents you singed.
2006-10-09 05:44:22 · answer #6 · answered by David B 6 · 0⤊ 0⤋
The papers is to make legal what had transpired in the incident and can be used in trial if needed.
2006-10-09 05:39:30 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
They could persue it if they think they've got a case. Whatever they handed you probably had to do with them covering themselves.
2006-10-09 05:38:08 · answer #8 · answered by dww32720 3 · 0⤊ 0⤋