If I’m a victim in a spousal abuse case but I don’t want to go forward with pressing these charges, how do I go about getting them dropped or dismissed?

Asked on February 2, 2016 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As you seem to becoming aware, whether or not to pursue a domestiv violnce case rests with the prosecutor not the victim. If there is other evidence to support a conviction, while the the state's case would be stronger with your cooperation, it can still move forward over your objection. Further, in the event that you are subpeonaed to testify, you must appear or face fines/jail. Not showing up to court will not guarantee that the case will be be dismissed.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.