Physical & Emotional Abuse Support Group
Abuse is a general term for the treatment of someone that causes some kind of harm (to the abused person, to the abusers themselves, or to someone else) that is unlawful or wrongful. No one deserves abuse, period. Abuse can be emotional, physical, or sexual.
First of all, the sheriff's office where I had to file the complaint deep-sixed evidence that my abuser was a psycho, I had accidentally given them an SD card filled with videos my abuser had taken of me secretly as we walked about my apt. even while we were in bed. Many videos. of us just going about normal routines. I had thought the card contained photos of my bruises from the assualt. I later tried to get this wrong SD card given to the prosecturo'rs office and I was given a run-around.
The sheriff's office refused to file felony assault charges against my abuser. The deputy lied to me and said felony assualt is only against a police officer. I had done the research and knew better. Felony assault is any time a weapon was used against ANY victim. I was beaten with 3 oak chairs and an Amish gliding footstool, and left with the worst level bruises all over my body. I later spoke with the prosecutor's office in my city, and shared the photos, and was informed this should have been charged as felony assault and battery, and the perpetrator should have served prison time. Which I knew. It was an extemely brutal beating that could have caused death if the blows had landed differently.
Lawyers in my city urged me to get a meeting with the prosecutor before the hearing. I was informed prosecutors don't meet with victims in that county. They should and should be able to tell you what to expect and help you be prepared. They are supposed to be working for YOU, the victim. This is where you having a lawyer might come in handy.
I could hardly ever even get my vicim advocate on the phone.
I was subpenaed for the hearing, but was never called into the courtroom. As I have been told by several lawyers in my city, I can assume a deal had been worked out over drinks between the old-time layer in that town and the prosecutor beforehand.
That morning, I learned the prosecutor had not even read my 3-page complaint until that morning. Then he misread it (on purpose, I believe.) In the complaint, I refer to a night when he did not assualt me but I called 911 because he was preparing to. I spent 2 1/2 pages describing the actual assault, in gory detail, and provide pages of photos, but somehow, the only thing the prosecutor read that morning was one sentence referring to a different night on which he did not assaullt me. The victim advocate came out and said they had to drop it because I stated abuser had not assaulted me. I argued vehemently against that.
Then she came out and said, defense lawyer was saying I had thrown myself against walls creating the bruises myself. I was furious. I had contusions all over my body, not bruises. That explanation defies the laws of physics, nor am I crazy, nor have I ever had any mental health dx indicating I am. I knew ex told everyone I was on disability of mentla health issues, which is a lie. I had anticipated his lie, and I had brought my disability papers, showing I am on disability for auto-immune disorders. She took that in, but the 2 sleazeball lawyers had already made a deal. He got a one-year diversion program and NC for DV charge, Assault charge was dropped. Record will be expunged after one year, or in 3 months.
Sickening. Corrupt court. I wish you better luck.
PurpleViolets I've never been to court for this but all I can say is don't 2nd guess yourself, go in there with facts, and on paper, proof they won't look at you or take you seriously without those. Good luck and stay in touch with the outcome.
11 Christmases and Purple Violets, You see, by this exmaple, how a victim needs a lawyer. Forget the vicitm advocate. At least in some courts, the victim advocate is just window dressing, the proscutor is cahoots with the defense attorneys, and the victims are just gum stuck to the bottoms of their shoes. if this POS ever comes after me and kills me, I hope the HC prosecutor is prosecuted for prosecutorial misconduct in that case. Prosecutor in my county is well aware of what happened to me down there.
My bf stabbing was considered a DV case because his nephew had lived with us up to two months before the assault.
While my bf was still on a ventilator,in a coma fighting for his life in the hospital my friend Jim, who was also stabbed by M that night because he happened to be there and went outside got a call from the prosecutor's office and my bf had a message left on his phone (which he couldn't have gotten-duh) saying they offered M a plea deal for five years. Which he turned down. I was livid. Then, after it was already done Jim got a call from the Victims Advocate asking if we wanted to weigh in on the plea deal.
Now, keep in mind according to the law, I was no one in this case. Not being married to my bf or family they had no intentions of talking to me. I was a witness, not a victim since I was not injured. They wanted to give me no ability to advocate on my bf's behalf. But I got around them. I'd have my friend Jim call, put these bozos on speaker phone and then I'd have no choice but to talk to me. So I told the stupid victims advocate it didn't matter what my bf would have wanted, even if he could have communicated it-because I knew the P had already offered it!!!
The VA explained to me that Ps had a lot of cases to look at, and they wanted to lower their case load, so they typically offered deals like this one.
I then used my sneaky trick to get the Ps office on the phone. There was a temp P assigned to the case-I asked her how they could even be charging assult instead of attempted murder and she gave me a bunch of BS. Partly about not knowing about the severity of my BF's injuries. I asked her, DO YOU NOT SEE HE WAS LIFE FLIGHTED TO THE BEST TRAUMA UNIT IN PHOENIX? Nobody checks to see if the victim is even still alive before they start prosecuting the case? She also told me they couldn't charge attempted murder because intent was hard to prove. Which made me even more enraged.
I thought, lady, are you not reading the same police report I am? The kid had a backpack with 4 knives in addition to the one they never found that was used in the crime. He had a change of clothes (how creepy is that), and he turned the electricity off in the house - and you think you can't prove intent? You think someone brings a change of clothes and 5 knives to a robbery?
So times goes on and my bf makes it, and is discharged. A permanent prosecutor gets assigned to the case. She handles things differently, because she has to deal with victims face to face. She says she wants to offer 10-15 year plea, leveraging refiling the charges for attempted murder (which would be 20-26 years and she feels like she could prove). We agree. My daughter already is psychotic by that time (probably triggered by being a witness to the stabbing that night) and my bf has severe PTSD and we don't want any further trauma. We just want justice.
Court was horrible. This was when it dawned on me I was dealing with a sociopath. He had no remorse, he clearly thought he could get out of it and wanted to take his chances with a jury-it was sickening, infuriating, words cannot express how evil this kid is. His lawyer talked him out of refusing the plea, because she knew he would end up convicted for 26 years.
At the sentencing hearing he totally different- he was teary eyed and apologetic. He lied in his allocution about why he did it-stating it was an accident-he lied and said the court should show him mercy because he was an expectant father. Then I got to get up and say a victims impact statement (my bf was too traumatized to do it). I told about the terror and horror of that night, the physical pain,the psychological damage done, the financial damage done. I got to say it all.
And the judge through the book at him. 15 years-the max. The judge said the only reason M didn't face life for murder was because of my bf's will to live.
So justice can be done but you have to fight for it.