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Marc
Marc, Attorney at Law
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Can you drop a charge after being charged with domestic

Customer Question

can you drop a charge after being charged with domestic abuse when there was not abuse after talking to prosecutor > explaining what happened when i called police for my husband flicking ashes on my hair which cause my hair to burn he did not throw cigarette .he carried cig after he did it behind my back while i was doing something the police arrested him on that spent 2 nights in jail he got a lawyer .shes dragging this out and happened in oct .we all make mistakes and ive done everything in my power to have this dropped .we were living together and i was thrown out and cannot get back in my own house ..court judge sais we cannot have any contact and i have been living in a hotel this is so unbelievable i cant even get to work and or without going thru all of this he has been to ct once to set the date then after they again postponed the date until dec21 .why can we not stop this painful event .i meet with prosecutor and told him what happened in the heat of the moment .we love each other and our lives are torn apart because of legal system .seems no one wants to listen meantime we are going to be apart for thanksgiving and our own grandkids and family are going to suffer this is not right as far as im concerned .the prosecutor ask me if i saw a the cigarette and i said no and did the police see it .isaid no please help i feel we are treated as if we murder someone .
Submitted: 13 days ago.
Category: Legal
Expert:  Marc replied 13 days ago.

Hello. My name is Marc. I'm a licensed attorney and former prosecutor and I will be happy to assist you.

I can imagine how frustrating this must be for your and how unfair the whole process must seem to you. The good news is that there is one simple course of action you can try. The bad news is that it might not be 100% effective. Let me explain:

Usually, in domestic abuse situations, if one party does not want to press charges, that's the end of the matter - the case is not prosecuted. However, the state can step in and prosecute anyway - even against the wishes of the victim - if they see that there is a long history of abuse or if the abuse is serious.

In your case, it seems the prosecutor has made up his mind and for some reason is intent on prosecuting your husband. You have the option, however, of refusing to cooperate in the prosecution. Typically, a victim is the only witness and therefore the victim's testimony is essential to the case. If a victim refuses to testify, then the case is typically likely to be dismissed.

But there's a limit to this option. First of all, you may have already given statements to the police and there may already be other evidence such that the prosecutor won't need your testimony. If the prosecutor does need you, he can subpoena you. If that happens, you at least have to show up for court and answer questions. Of course, you have to answer truthfully, but you might be able to do so in a way that's less likely to hurt your husband. You might state, for example, that he didn't mean to do it, you weren't hurt, and perhaps emphasize mitigating factors - such as the fact that you've been together for so long and how he is really reliable and loving, etc. Also, there might be some questions that you do not have to answer at all based on spousal privilege. In order to do so, I would recommend that you consult an attorney.

Your husband's defense attorney would be a good place to start. And you have every right to speak with your husband's attorney as long as your husband consents (which I assume he will). This way, you can find out exactly what to do and how to testify if you are subpoenaed without having to hire an attorney of your own. But remember - he represents your husband and only your husband. While it's true that you and your husband have the same interests and goals in this case, do not let his attorney make you do anything you're not comfortable with or anything dishonest. If he does, you should seek your own attorney.

As for the order of protection you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing. Now, if the order applies to both of you, your husband will also have to file a motion. Here too, his defense attorney should be able to help and do the paperwork.

I hope you can resolve this soon and favorably. And I hope I've given you a better idea of your issues and options. If so, please be sure to rate my answer, since that is the only way I can receive credit.

I wish you and your husband luck and a quick reunion.

Marc

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