How do I drop a domestic abuse charge?

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How do I drop a domestic abuse charge?

I am the husband. My wife is pregnant now, so I’m trying to drop a charge for domestic abuse I filed

against her.

Asked on April 11, 2019 under Criminal Law, Virginia

Answers:

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

Answered 2 years ago | Contributor

The fact is that it is up to the prosecutor and not the alleged victim as to whether or not to drop criminal charges. This is especially true in domestic violence cases since many victims are coherced and intimidated into requesting that the charges be dismissed. Accordingly, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case will go forward.

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

Answered 2 years ago | Contributor

The fact is that it is up to the prosecutor and not the alleged victim as to whether or not to drop criminal charges. This is especially true in domestic violence cases since many victims are coherced and intimidated into requesting that the charges be dismissed. Accordingly, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case will go forward.


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