Thanks,for the quick reply. Two things you should know:
1) No contact means NO contact, even if she initiates it. If you're caught having any kind of contact, you can be rearrested on a new charge. Police don't have any latitude with an order of protection. If they are called to the scene they must make an arrest. It will not be a defense that it's okay with Kayla. Parties can't forgive each other and ignore the mandates of the court. She will have to get the order lifted or modified before you can have contact.
2)As Kayla has already found out, this is no longer her case but it belongs to the City Attorney. And she has no doubt been told that the state can now go forward with the charges, and that's exactly what the prosecutor intends to do. He will remind her that he can subpoena her and make her testify, and do everything in his power to make her think that she has no say in the matter.
What the City's Attorney says is the truth. The state can prosecute whether you want them to or not. But in point of fact, despite what the prosecutor is saying, they need you to make their case. And no prosecutor wants to go to trial with a reluctant star witness who will probably concede on the stand that yes, you could have been asleep and cost her the case.
So she has to hang in there and stick to her guns
and keep letting the City's Attorney know in no uncertain terms that she doesn't want to go forward and have you prosecuted. At some point down the road, when the prosecutor is sure that it's really your decision, that you're perfectly safe and that nobody is forcing you to change your mind, he will be more amenable, especially if she has enlisted the aid of your lawyer, which to her credit, she already has done.
It's been my experience that when the defense attorney and the state's star witness start holding hands and double-teaming the prosecutor, eventually something good for the defendant can be worked out. It may not be an outright dismissal, as some jurisdictions just never allow a domestic complainant to drop charges and will go all the way to trial even where there will be a certain acquittal
sooner than look soft on domestic violence
. But if it cannot be dropped, it can be resolved in a way that does no real damage to his record.