If you are a protected party in a Domestic Violence case but don't want to press charges, how do you handle that in court to free the accused?

Question Details: My girlfriend and I got in a fight and she hit me and I hit her back and they took her to prison under Colorado state law. I don't want to press charges nor do I feel her arrest was necessary. I have to present myself in court on Monday and am curious as to what to expect and to help clear her name before the judge? Please let me know

Asked 10/16/2009 under Criminal Defense | 275 View(s) | More Legal Topics

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David B. Harrison / Miller & Harrison, LLC Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Colorado

The prosecutor is the one bringing the case against your girlfriend - not you. So you cannot control whether the case is pursued or not. However, the prosecutor has to get your input in the case (by law) and so you can certainly tell the prosecutor you do not want it pursued - but they will still do as they feel is appropriate under the circumstances. Probably the best thing you could do is assist in your girlfriend hiring of a lawyer.

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