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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116140
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My boyfriend was helping me while I was having vio;lent

Customer Question

my boyfriend was helping me while I was having vio;lent convulsions the police thought he was shaking me and accused him of battery what is the name of the form
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the name of what form?

Customer: replied 1 year ago.
form in which the supposed victim of a domestic battery incident must fill out and submit to the court in order to withdraw his or herself from being claimed as the victim. a form that simply says said victim does not want to be the victim wants to drop any and all pursuit of charges therefore
Customer: replied 1 year ago.
if I knew the damn name of the form I would know what it is I am needing fill out. I gabve the definition of it now what is it. ever play jeopardy
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.
I am sorry, but I find your tone and language offensive and I would ask that you please stop. The experts here are working with multiple customers at one time and they all deserve the same time and consideration as you do. Thank you for your patience while I am looking at the laws and typing your response.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Under KS law, there is no such "form" to fill out and submit to court. The reason there is no such form is because under KS law, you are NOT the victim of the domestic violence, you are the complaining witness. The State of Kansas is the victim in all domestic violence cases, meaning with sufficient evidence, the state does not need to have cooperation of the complaining witness to prosecute the case.
Now, what you can file with the local District Attorney (not the court, you have no standing to file anything in court because 1. the state is the victim and 2. the DA represents you and the state) is something called an "Affidavit of Non-Prosecution" which is something an attorney drafts from scratch and it is something that is given to the District Attorney that states you as complaining witness do not wish to cooperate with the pursuit of criminal charges against the defendant and that you will not testify in the prosecution and are asking the State to dismiss the charges. The affidavit is completed by a local attorney and must be signed by you in the presence of a notary.
Even if you give the DA an affidavit of non-prosecution, this does not mean the DA has to drop the case, as I said the state is the actual victim. HOWEVER, in most of these cases, if you do give the DA the affidavit saying you will not cooperate the DA will indeed drop charges in the case.

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