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


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.  

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