What to do if my boyfriend was arrested for domestic violence and we have court this week but I don’t want to pursue charges?

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What to do if my boyfriend was arrested for domestic violence and we have court this week but I don’t want to pursue charges?

If asked for them dropped would that be enough to drop charges?

Asked on February 18, 2013 under Criminal Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Even though your input can be accepted, the final decision on what to do with a case rests with the prosecutor.  When a victim does not want to pursue charges, the State can "always pick-up the charges," and continue with any case. 

If you want to drop the charges, set up a meeting to visit with the prosecutor assigned to handle your case.  They will be more likely to accept your request if this is an isolated event and your injuries were not too severe.  If your boyfriend has an extensive history of assaultive behavior or your injuries were severe, they may not grant your request.  As an alternative, you may request a conditional discharge, whereby your boyfriend is required to complete a series of anger managment classes in exchange for a dismissal.


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