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i have a restraining order against my husband and he was arrested…

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i have a restraining order...
i have a restraining order against my husband and he was arrested after he spit on my face in a public place, he was in jail a whole day and now he has a court day and 1 week. I want to drop the charges and the restraining order, what am i supposed to do now? and can i drop off the charges or is not in my hand no more?
Submitted: 8 years ago.Category: Criminal Law
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Answered in 30 minutes by:
6/9/2010
Criminal Lawyer: dkennedy, Criminal Defense Lawyer replied 8 years ago
dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6,009
Experience: J.D. degree, 15 years practice
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dkennedy :

Hello, The "state" brought the charges, because he committed a public offense in other words, a crime. You have no control over the situation now. If he takes it to a trial, you will be required by the state to show up and they will ask you to relate what happened. You will have to tell the story under oath. You can talk to the prosecutor, of course, and tell him or her that you really don't want to make a big deal out of it. But, unfortunately, that's about all you can do.

Customer:

what charges can he get for this type of offense, is a first time that something like this happen, and the main reason that i want to drop the charges is because my two kids, he said he learned his lesson with this situation, but he wants to know what can happen to him

dkennedy :

Spitting at someone is an assault. He could be charged with domestic assault, or disorderly conduct, or something like that. If he has been abusive (verbally, physically, or otherwise) then don't count on him "learning his lesson." But, regardless you don't have a lot of control of it now.


 

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