Hi, my name is*****'m a former prosecutor and although I understand your question to be "how do I best convince my prosecutor to drop a domestic violence case?" I must tell you that the chances of getting a prosecutor to dismiss a DV case are slim to none at best. Prosecution agencies always take the position that DV victims do not control whether or not a person is going to be prosecuted. The victim is merely a witness in their case. So your focus has to be on the person who is being prosecuted, not on the victim. In that regard, there are a number of factors that a prosecutor will look at in deciding how to proceed with a DV prosecution.
1. The relationship between the victim and the defendant. Is it ongoing or has it terminated? Do the parties reside together? Are there children whose interests need to be considered?
2. The safety of the victim. Is the victim in danger of physical or emotional harm if the defendant is not prosecuted, or placed on probation and required to comply with terms and conditions; or is it possible that there are others who may be potential, future victims?
3. The defendant's past history. A person with no prior offenses or DV incidents will more likely receive lenient treatment.
4. The defendant's economic situation. Does the victim depend upon the defendant for support or not? Does the defendant have a job that will be impacted by a conviction?
The idea is to present a picture showing that a criminal prosecution would do more harm than good to the parties. Now, there is going to be some conduct by the defendant that the prosecution wants to punish the defendant for, and wants to make sure the defendant does not repeat that conduct. So it's important that the defendant be remorseful and make an honest, good faith effort to demonstrate that remorse, comply with any requirements of counseling, conduct, and restitution, and in general show that there is no risk of recidivism. It's also helpful if the defendant goes out and tries to get help while the case is pending, to show an intention to comply with the law.
Unfortunately, many victims say they want the case dropped but don't understand that it's not their decision to make. You have to understand what drives the prosecution and present facts that would cause the prosecution to consider leniency. They aren't going to do that merely because it's what you want. That said, I hope things work out with your situation. If this has helped you, a positive rating would be appreciated. Thank you!