You can't. And that can be a real problem. You may want to contact your husband's lawyer about your desire to drop the charges.
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I don't know what got into him but he lost it and ended up slapping me, leaving a bruise on my face. The neighbors heard the commotion, the cops arrived, and my husband was arrested on the grounds of domestic violence. I want the charges dropped because I don't want this to cause an issue with his employment and I think we can work it out.
Oct 16, 2015 · Can your domestic violence case be resolved simply by having your spouse tell the prosecutor he or she no longer wants to press charges? Your Spouse Cannot Cause Your Domestic Violence Case To Be Dismissed A common misconception in Fort Walton Beach and Destin domestic violence cases is that the victim (most often your spouse) can have the …
Dec 26, 2011 · You can't. And that can be a real problem. You may want to contact your husband's lawyer about your desire to drop the charges. More importantly, you probably want to speak to your very own criminal defense attorney about your legal rights and options. Report Abuse.
Will My Domestic Violence Case Be Dismissed If My Spouse Wants to Drop The Charges? I have been asked this question by many people over the years. Unfortunately, there is no simple answer as it really depends on several important factors. First, it depends on the jurisdiction where the arrest occurred and how aggressive the State Attorney Domestic Violence Unit is in that county.
An individual cannot simply drop charges against a spouse for DV. The crime is considered a crime against the People of the State of CA. The charges are brought by the DA for the People. The alleged victim can make their wishes known to the DA, they can even decide not to assist in the prosecution, but the decision to charge or drop charges is strictly up to the DA. As far as going to court, if the spouse is properly subpoenaed then they must appear or face contempt of court charges. If, however, they are not properly subpoenaed then they do not have to even make an appearance. The lack of a victim testifying often makes it impossible to proceed. To be sure of their rights, the alleged victim should consult with an attorney.
When the police receive a domestic violence report in most jurisdictions it will be assigned to an investigator who specializes in those cases. Whether the charge or report can be dropped depends on the policy of that jurisdiction (or even the agency). For example, some counties have the sheriff, police department, constables, DPS and other local municipal agencies that may be called out. Those agencies may have different policies on whether an affidavit of non-prosecution is sufficient to drop the case or whether it needs to wait until the District Attorney's office accepts or rejects the case. What is consistent, though, is the automatic requirement of time in jail for the accused person that is commonly referred to as the "cool down" period.
You can refuse to go to court, or refuse to testify, but that doesn't necessarily end things. In domestic violence cases, the prosecution can go forward even without the victim's cooperation, although it may make it more difficult for them to get a conviction.
Whether a charge is dropped prior to a formal court-proceeding like a trial or motion to dismiss depends on the prosecutor, usually. The prosecuting attorney has a lot of authority to dismiss a charge. However, these issues are fairly common in Domestic Violence cases. If, as the victim, you have any concerns, you should talk to the prosecutor.
A criminal charge is brought by the prosecuting attorney and can only be dismissed by the prosecutor. If you receive a subpoena to appear in court, you must attend. If you do not want the charge to go forward, you can talk to the prosecutor but your desire is not the controlling issue.
In Massachusetts one spouse cannot be forced to testify against the other spouse. The District Attorney controls the prosecution of the case; but, most District Attorneys will not force a victim to testify. In this case the wife can refuse to testify and the District Attorney has no say. Without further evidence the case shall be dropped. The ideal situation is to have an attorney represent the wife's interest. If she cannot afford an attorney then have her speak to the defense attorney of the husband and the assistant district attorney. In this case she should appear in court on her husband's behalf.
However in New York, once charges are brought, only the prosecutor controls whether the case will continue or not.
While the victim may not have the power to drop the charges for domestic violence once the matter progresses to the criminal courts, he or she may seek to make a deal with the prosecution or the defending lawyer. By explaining the matter and how it should remain a private affair, the individual may help convince the legal parties ...
Working with the lawyer on the defense team may provide a way to refute other evidence such as bruising or broken bones and hospital or emergency room visits. By discrediting the statements witnesses supply in a domestic violence case, it is possible that these individuals may have little use or help for the prosecution.
Domestic violence cases may start with witnesses in the area contacting local law enforcement. This is often due to violent outbursts, emotional arguments or loud fighting between the two parties. The supposed victim may need to help the defense refute the evidence or witness statements. Testifying on behalf of the defendant, the victim may prove that the situation only involved strong words or broken furniture. If the event involved violence, the victim could have instigated the matter and explain this to the courtroom. Working with the lawyer on the defense team may provide a way to refute other evidence such as bruising or broken bones and hospital or emergency room visits.
If the victim from domestic violence circumstances does not want to press charges or feels there is no need to push forward with a case, he or she may suggest to a lawyer that there is no need for a trial.
Dropping a domestic violence charge may be unlikely, but there may be other things you can do to protect yourself and your children. If you want to know more about your options when domestic violence charges are issued, you should contact a local family law attorney today.
For example, if there's a trial, then you'll probably be required to testify in court against your abuser, but keep in mind that in some states, such as California, you can refuse to testify, though you might have to pay a fine or be charged with a crime. You may also be required to appear in court for some other purpose, or to retrieve documents or evidence for the court. Victims are often brought in to explain their opinions, too. If the judge is making a decision on whether to release the abuser, you may be invited to speak about whether you agree with the release decision and why.
Domestic violence is a crime. The process behind criminal charges is frequently misunderstood. Most people believe that victims of crime issue the charges. This is wrong. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim. In other words, since you didn't issue the charge, you can't drop the charge.
You can try to get a restraining order against your abuser. Restraining orders can help provide for your safety, especially since some restraining orders will force your abuser to give up his or her guns for the duration. Also, depending on your state, you may be given the option to break your current lease early.
Also, depending on your state, you may be given the option to break your current lease early.
The "reasonable doubt" standard is usually considered about 99 percent. That means the State would have to prove that there is a 99 percent chance that your abuser committed the domestic violence acts. In a civil case, however, the standard is " preponderance of evidence ," which is usually considered a 51 percent standard.
Recanting is taking back your original statement. For example, you may have told police that your spouse was beating you, but later want to recant that statement. It's generally not a good idea to recant unless you have actually lied to authorities.
The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.
What Is Willfulness? Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.
Mental illness. Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.
A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. It is also protracted loss or impairment of any function of a bodily member or organ. Examples Include: Broken limb.
If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.
The traumatic condition was the natural and probable consequence of the injury. The injury was a direct and substantial factor in causing the condition. For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury. No Willfulness. A prosecutor might feel that the element of “willfulness” is missing.
If you are identified as the alleged victim in a domestic violence case, you have several choices including: 1 proceeding without an attorney while cooperating with the prosecutor or defense attorney; or 2 hiring your own attorney who can help you decide on the best course of action.
If you don’t want to hire your own attorney, you can consider contacting the criminal defense attorney of the person accused of domestic violence to express your wishes instead of contacting the prosecutor.
If you feel unsafe in your home and fear that additional violence might occur, then you might need to petition the court for an order of protection against domestic violence, dating violence, repeat violence, or stalking violence.
A criminal defense attorney is often in the best position to explain a victim’s rights and the consequences that might come with any attempt to exercise those rights. For example, a witness in a case might decide to “take the fifth” so that they cannot be prosecuted for making a false police report.
The most important thing is to ALWAYS tell the truth if you decide to speak, but if telling the truth might get you in trouble, you can consider exercising your legal right to remain silent. You might decide to exercise your right to “take the 5th” and refuse to testify if that testimony might tend to incriminate you.
If you have been falsely charged with domestic violence, then rest assured that you have defenses to the charge. You can argue that the violence never occurred or that you were actually the victim and acting in self-defense.
If the alleged victim lied to the police, then he or she may feel guilty and want to recant their testimony. Unfortunately, even if the person recants, the state can still go ahead with a prosecution. Nevertheless, by recanting, the likelihood of prosecution decreases.
Pay your bond. In order to get out of jail, you will need to bond out. By doing so, you free up time to meet with your lawyer outside of jail to plan your defense. For information on how to get a bail bond, see Arrange Bail at No Cost . You also need to observe the conditions of your release. This is critical.
You can generally defend yourself in two ways at trial. You can argue that the state did not prove its case, or you can argue that you really were the victim of the domestic violence. The state always has the burden of proving that you are guilty of domestic violence beyond a reasonable doubt.
Request exculpatory evidence from the prosecution. You are entitled to any evidence that the prosecutor has that may prove your innocence. This is called “exculpatory” evidence. Your attorney can ask the prosecutor for this evidence or, more formally, file a motion with the court requesting it.