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Unfortunately, it's not up to your partner/spouse/other half whether to press charges or not. The decision to file charges -and therefore whether to dismiss charges -is solely in the hands of the prosecutor's office, as it is the state that prosecutes.Unfortunately, most prosecutors have a “no drop” policy for domestic violence cases. The prosecutors will use special provisions of California law, which enable them to go forward with their case, even with an uncooperative victim/witness. For example, the California Evidence Code permits prosecutors to admit otherwise inadmissible evidence in domestic violence trials, such as prior statements made by the victim, if the statements meet certain standards and are approved by the judge. In addition, the prosecutor may be able to introduce evidence of the defendant’s prior domestic violence convictions or even prior allegations of domestic violence, if the evidence of the prior offense was fairly recent and supported by sufficient evidence, and if the evidence is not unduly prejudicial. I realize none of that may apply in your situation - I'm just giving you examples of how prosecutors take an approach to moving forward in these types of cases.If the other party really wants to drop charges, they should speak with your attorney (yes, you'll definitely want a lawyer) about how to approach this. Your lawyer will be in the best position to negotiate with the prosecutor and to try to strike a deal to either dismiss the charge (if your lawyer shows that the "victim" was not injured and does not wish to cooperate) or otherwise come to some sort of arrangement such as diversion, where in exchange for meeting certain terms set forth by by court, the charge is then dropped.
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