If someone is arrested for DV but the victim doesn’t press charges, can the arresting officers file charges?

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If someone is arrested for DV but the victim doesn’t press charges, can the arresting officers file charges?

Asked on April 12, 2012 under Criminal Law, California

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

The charges are filed by the District Attorney, not arresting officer. DV is a criminal matter. Such violence is considered a crime against the society. Witness cooperation is a critical factor in District Attornrey's consideration in filing the charges. However, District Attorney can still file the charges despite victim's lack of desire or willingness to press charges.


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