As a victim, can I drop domestic violence charges?

UPDATED: Sep 30, 2022

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As a victim, can I drop domestic violence charges?

We were arguing with my husband because of divorce talk, the conflict raised, I was scared and called the police. I didn’t want to sue him just asked the police to calm him down, but he was arrested and charged with domestic violence. The police sued him and the court is on 20th this month bond release. The report states that he slapped me at face, throw book at me, pushed me and hold against the wall, which was actually true. They took picture of me and of the mess in house some things around were crashed and broken. I didn’t and don’t want him to be sentenced, just was scared and ask police for help. This never happen before and I told it to police too. Why they sued him if I didn’t want to? How to resolve this? What sentence he can get for this charges? Do we need a lawyer?

Asked on March 31, 2016 under Criminal Law, Ohio


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

Answered 6 years ago | Contributor

No you cannot. Dropping criminal charges is a matter for the state; whether or not to prosecute a case is not uo to the victim. Therefore, while going forward with the case would be easier with your cooperation, it can still proceed if there is enough other evidence to bring the case to court.
Further, if you are subpoenaed ot testify, since that is a durect order from the court, you must appear. If you ignore it, you can be held in contempt and a warrant can be issued for your arrest. Additionally, you can also face fines and/or incarceration.
At this point, you should consult with a criminal law attorney; they can best advise further.

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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