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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can a domestic violence charge be dropped by the victim and

Customer Question

can a domestic violence charge be dropped by the victim and how would marriage between the two help the case
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry, but usually not. The District Attorney will not just "drop" the case at this point. Once a charge relating to domestic violence is initiated, it is usually not dropped. It is the state that files the charge, not the victim, so the state has the final say.

That doesn't mean that it is not possible to work it out. First, make an appointment with the DA and speak with him, explaining what happened and that it was all an overreaction.

At the same time, initiate counseling between you and him (but do so only after telling the DA and letting them know that you are the one who is initiating contact, so he is not further charged with any violation of a restraining order). Let the DA know of this.

These factors will help in the DA's decision to prosecute the case, or perhaps make a plea deal.

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Customer: replied 3 years ago.
im the man and I am the one being charged and how does marriage affect this
Expert:  Ely replied 3 years ago.
Pardon the assumption, but the answer stays as is. Today, gender does not matter in this situation. Therefore, the answer stays as is (with a few turned around pronouns, of course).

Also, it would be wise to have her retain an attorney, and to cooperate with her attorney as a witness if need be.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 3 years ago.
how could getting married help
Expert:  Ely replied 3 years ago.
Hello,

It will for your her defense, but the prosecutor will not 'automatically' drop the charges because it is their job to prosecute - they will not do you any favors. However, it would really help her defense, yes.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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