arrested for domestic violence, but....?

Question

wife called police 6 hrs after i left, i never touched her, came home next day, and was arrested. Wife had a small, smaller than end of pinkie, bruise in middle of back R thigh...coloration showed it was older than 6 hours, she claims she was laying on R side when she was hit, how's that work? I called detectives when I got out of jail to talk with them, case was never assigned, city attorney filed against me with no investigation, i was never questioned. This was 07/04/2005 on 07/05/05 wife files restraing order request in civil court with a completely different story, which supported my version, showed to city attorney for criminal charges, they didn't care.....to me 2 contrasting statements of the same incident shows she lied and charges should have been dropped.....can i sue the city, police dept, city attorney???

Answer 1

First of all. No, you can't sue the police department or the DA's office. But, if there are inacuracies in her statement, then the charges will probably be dropped soon. Then, if you can prove she filed a false report against you, then she can be arrested.

Unfortunately domestic violence is a hot topic right now, and all it takes is belief that the crime occurred. It is up to an investigator and DA to prove it in court. If she is changing her story, like you say she is, then it will be alot harder for her to prove it

Get yourself an attorney and fight the charges, if you are innocent. But you need to weed out the idea of sueing someone. Not gonna happen. They are not at fault here, it is your lying wife. But you probably have a good chance of getting off.

Good luck.

Answer 2

Welcome to post O.J. . In florida there are statutes requiring prosecution on the slightest evidence even without supporting testimony from the victim . In fact , recantations by the witness/victim are seen as more support of an abusive situation.
The officers who responded to the scene obviosly done a standard investigation and it is very doubtful detectives would be assigned.
You can sue anyone ( except Judges ) winning is a different story.
My advice is to not contest the injunction only contest the facts that she states . Claim you feel you need an injunction to protect you from her false allegations ...see what the judge says. Chances are that if you can show her even the slightest violent , the Judge will grant mutual no contact orders and you will at least be on fair playing ground in that respect.
as far as the criminal pursuits , a good atorney could have that dissmissed if the facts you state are true , but then again the court tends to err on the side of caution...................

Answer 3

You can sue the police dept. if the arrest was unlawful. You would have to prove that your wife didn't call authorities and report a domestic battery and that her initial statement did not point you as the suspect. This of course is not going to happen.

A person commits battery if he intentionally or knowingly without legal justification and by any means:

(1) Causes bodily harm to an individual.

(2) Makes physical contact of an insulting or provoking nature with an individual.


In this case your wife filed a complaint meeting the elements of the crime. Officials acted within reason based on the Domestic Violence Act and are required to make an arrest when a report of physical contact has been made.

In a nut shell you can sue your wife for making the false statement but the Police followed the law. In fact you would have a better case if they didn't arrest you and acted in disregard of her safety. Wrongful and Wanton Conduct.... sorry you didnt meet it..

Answer 4

Charges should've been dropped huh? Sounds like they weren't dropped to me, so until your criminal case is adjudicated, good luck on suing someone.
If you think you have been wronged, why not sue your significant other for malicious prosecution?
Most states have a domestic violence law where the police are compelled to arrest if they have probable cause. You never said if you gave the officers initially investigating your side of the story.
It is real tough to tell from a mini version of events what actually happened and what the officers there saw.
My strongest advice is get the best attorney you can afford, and you surely want to divorce her since she did this to you (as you are innocent, right?).

Answer 5

in the state of Mass., and probably most other states, the police may arrest for domestic assault & battery based on probable cause. Probable cause may be established by 1. the victim's statement 2. any other witnesses and 3. any other corrobarting evidence, ie, a bruise. she lied, you got arrested, get in line, it's a long line. Blame the police if you like, but they acted based on your wife's statements. You may attempt a lawsuit but it is unlikely that it will get very far- as the police acted under the law and within the scope of their duties.

Answer 6

regrettably it grow to be his spouse, and in accordance to the police his spouse had redness and scratches on her hands and neck, yet that would not inevitably make him a foul man or woman because of the fact i know how some women desire to objective guy to work out whilst he will injury, she could have attacked him first and injury him, yet the two way it continues to be no excuse for a guy to place palms on a woman. The combat with Juan Manuel Lopez can nonetheless be made as long as Yuriorkis Gamboa can stay out of reformatory.

Answer 7

i think your wife may be suffering from some mental illness such as illusion. do what you can to get compensation. don't allow anyone to accuse you of something you have not commited.