How to drop domestic violence charges?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to drop domestic violence charges?
Boyfriend and I got into a heated argument on a camping trip, he pushed me and head butted me breaking the skin slightly on my forehead. I took off walking and got a ride lined up then realized my house keys were at the camp site. Called local sheriffs dept to have an escort to go get my stuff and the only way they would go was if i filed a protection order which also meant they had to arrest him. After talking we worked things out but now having trouble dropping the charges. We both just want the charges dropped.
Asked on September 8, 2011 under Criminal Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not to prosecute a case (that is to drop charges) rests with the prosecutor and not with the a victim. What that means, is that a case may be prosecuted over your objection. While the state's case would be stronger with your cooperation, if there is other evidence to support the charge the case may still go forward.
That having been said, an experienced criminal defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for the defendant, your boyfriend. They may possibly be able to talk the prosecutor into dismissing the charges. Although, you should be aware that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with this behavior.
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.