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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My question is in the state of Oregon. My bf and I got in a

Customer Question

Hi,
My question is in the state of Oregon.
My bf and I got in a fight the other day and it escalated making him grabbing my arms hard. He also lifted me and placed me on the couch while holding my arms tightly with his knee next to my chest. He was so angry & I got scared so I called the cops. They arrested him and made a no contact order.
My question is, how can I make the court drop the no contact order? We live together and he pays most of the bills, they're all in his name. I've never seen him this angry and he had not had sleep in 2 days.
I would also like to request to drop the charges since I don't feel threatened anymore by him and he wasn't him that night.
How can I do this? He doesn't have any criminal record.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
The reason why we started fighting is because I found love letters from his past relationship and I wanted him to get rid of them but he wouldn't. He locked himself in his room and I wanted to keep talking with him that's when he came out of the room angry and grabbed my arms.
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Once you involve the authorities in a domestic incident, the police MUST make an arrest. They no longer have any discretion to do otherwise. The resulting case is not yours any more. You're just the complainant. It belongs to the state prosecutor to deal with as he or she best sees fit. He can drop the charges for you if you talk to him and can convince him that you don't want to prosecute and that you will be safe without the state's intervention and without a protective order. But he can also tell you that as far as he is concerned your boyfriend committed a crime and that, regardless of what you want, he intends to go forward with the case. He can also remind you that he has the power to subpoena you, bring you into court, in handcuffs if necessary, put you on the stand and compel you to testify against your boyfriend.

All of the above is true. However, most domestic violence cases are he said/she said cases that cannot be won without the cooperation of the complainant. A prosecutor can go to trial with a weak case where the complainant may testify favorably for the defendant instead of for the state, but when the chips are down, most do not like to do that.

So go and talk to the prosecutor handling the case against your boyfriend. In person is best so that he or she can see you're okay, can see that you mean what you say and have not been coerced into changing your story, and so that he can find out and see your reaction to whatever concerns him. Maybe he'll allow you to drop. If he doesn't, you'll have to rely on your husband's lawyer to get the job done. But in my experience, once the defense lawyer knows that a DV complainant is not interested in going forward, does not want to cooperate with the DA and has been trying unsuccessfully to drop the charges, he will also bring pressure to bear. When the defense lawyer and the complainant start holding hands to double team the prosecutor and push for a dismissal, something very favorable to the defense can generally be worked out