What to do if my wife does not want the state to press charges in a domestic violence case?

I was arrested after my girlfriend and I got into an argument. I put my hand around her neck, although she didn’t feel like she was in fear knowing I love her very much and would never do anything like that. She didn’t press charges but the state did. We both want to continue our relationship in peace. How do we do that?

Asked on June 30, 2017 under Criminal Law, Minnesota

Answers:

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

Answered 3 years ago | Contributor

Whether or not to press charges is up to the state, not the alleged victim. Therefore, if there is enough other evidence to support a conviction, the state will move forward with the case. While it would be better to have the alleged victim's cooperation (including their testimony), the charges need not be dropped.


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