How best to get a DV case dismissed?

UPDATED: Oct 1, 2022

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How best to get a DV case dismissed?

I pressed a DV against my boyfriend. I missed the arraignment court date and I no longer want to persue the charges. He has another court date coming up and I’m not sure if I should contact the prosecutor and tell them I don’t want to peruse things, show up to the court date and tell them, or no show? My concern is if I no show they will keep contuining it and he will need to be held until it’s resolved or until there have been 3 attempts to pursue.

Asked on July 8, 2018 under Criminal Law, Ohio


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

Answered 4 years ago | Contributor

The fact s that it is up to the state and not the victim as to whether or not criminal charges are pressed or later dropped. That having been said, if the testimony of the avictim is critical to making the state's case, then it will be dismissed if the victim fails to testify. In the alternative, if there is other evidence sufficient to support a conviction, then the case will go forward. Further, if the victim is subpoenaed to appear in court, then they must appear or be subject to a contempt of court action.

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 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.

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