Charges Dropped on Felony DV

I was arrested for felony DV a few years ago due to my partner at the time calling the police claiming I assaulted her. My ex reached out to the DA to get the charges dropped by telling them that things didn’t transpire the way it was recorded by the police. There was no evidence of assault i.e. marks on her body and everything. My ex and I had a toxic relationship as you can see and months after the arrest we parted ways but my ex definitely hates me - out final conversation was a terrible one.

I’m about to start the process of getting my clearance but I’m worried that they will reach out to my ex after I disclose and my ex will lie and say that abuse happened in order to ruin my chances. My ex is unfortunately very vindictive and I could see this happening. Plus the charges were dropped meaning the state/district could chose to try and prosecute me again if my ex decides to make my life hell. I’m just very worried about what could go wrong here. Do you think the investigator will want to talk to my ex or will they simply review the disposition of the case and take it at face value and move forward?

Any thoughts or advice would be helpful here.

I doubt they will want to interview the ex-wife. But be sure to disclose original charges even though they were later dropped; that has tripped some people up. Have all the relevant dates places PD involved court etc handy because the investigator may want all that info.

sbusquirrel is giving good advice. I might add that you should pull a copy of the original complaint and affidavit, police report and other relevant documentation and make sure your statement in the interview is consistent with those documents. If you say (for example) you never punched her but the arrest report says you did then you are going to have to explain that discrepancy. Be prepared to ensure there is no daylight between your interview and official records written by someone else.

To that point, this line is problematic: “My ex reached out to the DA to get the charges dropped by telling them that things didn’t transpire the way it was recorded by the police.” A very legalistic sentence that triggers my curiosity as an investigator. Along with your thinly-veiled hope that only the disposition is reviewed. So you’re saying that you lied to the cops, your ex lied to the cops, the cops lied in their report, or your ex lied (under pressure from you presumably) to the DA to drop the charge. I am of course being reductive but you see my point.

Just tell the investigator the truth. Easiest thing to remember. And have those records (the complaint and affidavit, arrest report, etc.) memorized so you are prepared for any and all questions. Don’t have them on file? Take a day off work and go to the courthouse and cop shop and get them. And keep them on file for the rest of your life. A good investigator will smell you trying to shade the truth. You’re not the first guy to slap around a woman. It’s criminal and it’s wrong and it’s shameful conduct - but probably only disqualifying if you’re dishonest as well.

I appreciate the info from both of you. I was being intentionally vague as I didn’t want to say all of the details but I’ll do it. My ex attacked me and I restricted her movement to stop her from hitting me. While restraining her she claimed that I hurt her which was unintentional and I asked where did I hurt her and she never gave me an answer. Then fast forward I’m being arrested the same day. I never coerced her to reach out to get the charges dropped. I told her to leave me be and that I would handle things myself but she reached out to rectify it herself. Reason I’m hoping they never reach out to her is because we kept dating for months after the situation and it ended poorly (go figure) and she hates me and hopes my life goes to hell. I’ve never hit her though she would claim even touching her when she doesn’t want to be during those arguments is assault and as a guy I’m always looked at as an aggressor by default. I’ve only restrained and pushed her away from me on the occasions she’s attacked me. I simply just want to keep my life separate from hers because she’s very vindictive unfortunately.

Former spouses are routinely interviewed for higher level clearances. (depending on how long ago the divorce was) Let your investigator know that the divorce was acrimonious and that your former spouse may say vindictive things about you. After several decades working in the field, in no way do I believe any investigator in this line of work will “smell the truth” when you tell it. They should be impartial and just let you explain your story, just as should the investigator who may or may not interview your former spouse.

2 Likes

She is an ex-girlfriend, not a former spouse. Does that make any difference?

Former girlfriends are not routinely interviewed but there are some circumstances in which the investigator may need to interview her. If an issue arises during the investigation that needs testimony by someone who has direct knowledge of said issue and she is the only source with direct knowledge and you cannot offer a different source, then the investigator may need to interview her. Without actually performing your Subject interview, which none of us are going to do on this forum, there is no way for any of us to determine with absolute certainty whether ex girlfriend will have to be interviewed or not.

You’re also not the first guy to take a charge where you believe you were merely restraining your out-of-control girlfriend who was the violent one but you end up in bracelets. It happens. Just be truthful, answer the questions asked of you. And again get those documents today, review them, be prepared to answer for any of your conduct contained therein. The police report often carries the most weight because it comes from the most disinterested party - neither you nor your ex are reliable narrators.