QUESTION
Can I pursue the domestic violence / assault charge after being dropped by my daughter?
Asked on Sep 09th, 2012 on Criminal Law - Florida
More details to this question:
The father of my daughter kicked the door, assaulted and put a gun to the mother’s head saying that he would kill her in front of their child. The daughter is afraid of him and she dropped the charges.
15 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you were a witness. Yes.
Answered on May 28th, 2013 at 8:16 PM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:35 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, if you were the actual victim. Talk to the police or, if charges have already been file, the D.A. and tell them what happened.
Answered on Sep 19th, 2012 at 3:42 PM
File an assault/attempted murder charge by yourself. You don't need daughter's permission.
Answered on Sep 19th, 2012 at 3:41 PM
Michael J. Breczinski
It is up to the cops and the prosecutor to continue prosecution or not. Maybe without your daughter's cooperation they can't make the case.
Answered on Sep 19th, 2012 at 3:40 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If criminal charges were filed and the police knew you were also a victim it is unlikely you can push the issue, but contact the investigating officer. If you are the victim and you are asking fot a domestic violence restraining order proceed with filing a request or appear at the hearing if it is not too late.
Answered on Sep 19th, 2012 at 3:40 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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The prosecutor can still pursue the charges even if a victim claims to want to drop the charges.
Answered on Sep 14th, 2012 at 12:02 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can always try for yourself if you suffered the assault and threat. It is up to police whether they file or not.
Answered on Sep 14th, 2012 at 11:56 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Once charges are filed, it is in the hands of the prosecutor.
Answered on Sep 14th, 2012 at 11:54 AM
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The decision to drop the charges was made by a prosecutor, not your daughter. That decision was likely made because there would be a lack of evidence if your daughter refused to testify. If you saw the incident, however, then you could testify. If you did not see it, then there is little you could see to change the prosecutor's mind.
Answered on Sep 14th, 2012 at 11:52 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It would be up to the prosecutor whether there is sufficient evidence to move forward. You need to start by filing a police report.
Answered on Sep 14th, 2012 at 11:51 AM
The prosecutor is the one to decide whether to maintain charges regardless of whether the victim wants the charges to be dropped. If the prosecutor believes that the alleged defendant is a threat to society or to someone specific, he/she will maintain the charges if there is a decent case (with witnesses and/or evidence). Therefore, you should try to contact the district attorney's office and/or the police to offer your concerns and any information you may have about the case.
Answered on Sep 14th, 2012 at 11:50 AM
What the daughter does is irrevelant. Prosecutors will NEVER drop a charge simply because the victim wants to, they're not stupid!
Answered on Sep 14th, 2012 at 11:49 AM
If the prosecutor feels that they have evidence to obtain a conviction the charges will not be drooped even if your daughter requests that be done. In this case your ex-wife and your daughter should apply for a restraining order against the stepfather. Yours truly Eric Sterkenburg Attorney and Counselor at Law NOTICE OF CONFIDENTIALITY: The information transmitted is a LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION that is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, copying, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
Answered on Sep 14th, 2012 at 11:48 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Oh, well then just go to the clerk and file a petition for an injunction for protection from domestic violence.
Answered on Sep 14th, 2012 at 11:46 AM