If my fiance was arrested due to a misunderstanding for domestic violence, how can I get it lifted?

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If my fiance was arrested due to a misunderstanding for domestic violence, how can I get it lifted?

He did not hurt my and never has is 6 years. An order of protection was placed and this will cause a huge hardship.

Asked on October 11, 2012 under Criminal Law, New Mexico

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In civil cases, when a plaintiff has a change of heart or a better understanding of facts, they can simply file a motion to dismiss and drop charges.  Criminal cases are different than civil cases in that victims are not allowed to go file dismissals when they change their mind.  The decision to drop or pursue a case is up to the prosecutor.  However, many prosecutors will take the input of the victim regarding the decision to dismiss or go forward.  You should set up a meeting with the prosecutor assigned to handle your case and explain to them why you do not want the charges to go further.  After meeting with you the prosecutor will mostly likely review his history, the evidence in your case, and compare these details to your explanation.  If they understand that this is an isolated incident and misunderstanding, they will most likely dismiss the charges or do a conditional dismissal.  A conditonal dismissal is where a defendant completes certain programs (like anger management) and upon completion, the State agrees to drop charges.  If the prosecutor feels like you are at risk or that your boyfriend has had enough chances, then they can make the decision to adopt the charges and move forward despite your request.  At that point, your fiance will have to get an attorney to help convince a jury of what you were already telling the prosecutor.


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