How can I drop a domestic violence charge on my boyfriend?

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How can I drop a domestic violence charge on my boyfriend?

My boyfriend is facing a felony because we were play fighting and he hit me with a hanger and it left a mark and I started crying and flipped out and called the cops. Now that everything is calmed down I realized that I was over reacting and shouldn’t have called the police but now he is facing up to 5 years in prison. I’m 8 months pregnant and I need him out before the baby is born, I’m wondering what I can do

to drop the charges or somehow explain that things were not as serious as they seemed at the time.

Asked on January 24, 2017 under Criminal Law, California

Answers:

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

Answered 4 years ago | Contributor

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


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