If my boyfriend was arrested for DV but it was at fault so filed an affidavit of non-prosecution with the state’s attorney, is there anything else that I can do?

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If my boyfriend was arrested for DV but it was at fault so filed an affidavit of non-prosecution with the state’s attorney, is there anything else that I can do?

My boyfriend was arrested but it was actually my drunken rampage that caused it.

Asked on February 15, 2017 under Criminal Law, Vermont

Answers:

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

Answered 4 years ago | Contributor

Whether or not to drop charges is a decision that is made by the prosecutor, not the (alleged) victim. Accordingly, a DV case may go forward and be prosecuted over the victim's objection. That is true, so long as there is other evidence to support the charge. As a general rule, prosecutors are not willing to drop such cases since they do not want offenders to beleive that they can intimidate their victims into not cooperating with the authorities.


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