Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.
Unfortunately, that's not true. Since the state, through the prosecutor's office is actually who gets to decide whether to file charges and not the "victim", her daughter does not get final say as to whether the charge should be dismissed or not. The problem with domestic violence cases is that prosecutors and courts take them very seriously -they don't want to risk dropping charges against an accused who may later injure the victim again. And many times, victims are pressured into saying they want to drop charges out of fear.Your granddaughter can reach out to the prosecutor's office and speak to the prosecutor assigned to the case and tell them that she wishes to decline prosecution and will sign an affidavit to that effect. It may be helpful if she expresses that this is not something that typically happens, that she is not fearful of her mother and doesn't believe her mother will hurt her.Your daughter should also let her lawyer know that her daughter is not looking to see her charged and does not wish to cooperate with the prosecution in this matter. Sometimes, a defense lawyer can put pressure on a prosecutor in light of this fact that the victim does not wish to cooperate.Please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page, as that is the only way I am paid for my time, even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!
Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.
Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you!