How to drop domestic violence charges?

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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 9 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.


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