My friend claims assault charges were wrongly filed against her husband. She says that 911 was dialed?

accidentally and police came to the house. She says that since she had scratches on her face(she claims it was from her cat), they had to press charge against her husband. I know the state will pick up assault charges, but I thought they would need an original statement from the victim saying that there was assault?

Mike

If what she said is true, then I would say that the Police Officers that responded are not adequately trained.

Christopher

They saw the scratches on her so they have to take him in. Assuming he did hit her.

Italy

First off dialing 911 was no accident. Someone did it. She can say whatever she wants happened but if they see marks they have to take him. The state will pick up the charges but if they have no original assault statement their will get nowhere. They can even go as far as going to court but if the prosecutor puts her on the stand and starts questioning her all she has to tell them is that she never said he assaulted her and that the police are the ones that wrote up the complaint and if she signed it it was under duress. She can tell the court that the police or prosecutor intimidated her. Now that's what she can do if she likes getting hit. If she wants it to stop she can tell the TRUTH.

rac

What you describe sounds like a typical abusive spouse situation. The victim commonly makes excuses for the perpetrator's bad behavior because the abuse will only get worse if the victim actually speaks up.
Having said that, the doctors will assess the damage to see if it is consistent with her story. If she fails to press charges, after the prosecuting team questions her and assures her of protection, the charges will probably be dropped unless the evidence is convincing even without her cooperation.
However, courts can be subjective in this area instead of objective. I had a judge side with the "victim" and wouldn't even allow me to present my client's side of the story. The judge presumed my client guilty without allowing a defense. I was appalled at the judges conduct.

laughter_every_day

First, your friend is lying. Second, there is no rule of law governing the nature of the evidence to support a charge. In cases of murder, for instance, there is no need to get a statement from the victim. Instead, the question will be whether the evidence as a whole is sufficient to support the charge. That evidence will include the observations of the officers, statements of the defendant and everything else.

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