How can you drop a charge on your husband for domestic violence?

Question

If you made a police report about your husband and want to drop the charge is it best to go to court or not go?

Edward Blum · Answer

You can't.  And that can be a real problem.  You may want to contact your husband's lawyer about your desire to drop the charges.  More importantly, you probably want to speak to your very own criminal defense attorney about your legal rights and options.

Michael Palumbo · Answer

Did this happen or is this a hypothetical. If it happened you need to retain counsel and get the benefit of attorney / client privilege for an answer. If it is a hypothetical I do not care to get involved in a hypothetical.

James Edward Smith · Answer

Request a dismissal through the prosecutor.

Cynthia Henley · Answer

You cannot drop charges; only the State can dismiss charges. You can make your opinion known to the prosecutor and you can cooperate with defense counsel to help him.

Jacob P. Sartz · Answer

Whether a charge is dropped prior to a formal court-proceeding like a trial or motion to dismiss depends on the prosecutor, usually. The prosecuting attorney has a lot of authority to dismiss a charge. However, these issues are fairly common in Domestic Violence cases. If, as the victim, you have any concerns, you should talk to the prosecutor.

Jared Austin · Answer

If you are subpoened, you need to appear or risk being found in contempt and going to jail. Technically, it is up to the prosecution to file and drop charges. You can offer your input and your desire to drop the charges, but they can and sometimes do proceed without a victim's consent. Most of the time, however, prosecutors don't like to proceed without the victim's cooperation.

Michael Maltby · Answer

An alleged victim cannot just have a case dropped. It is entirely up to the prosecutor. The question of how to proceed in these types of cases is very nuanced.  Your husband needs to confer with an experienced attorney to best ascertain how to proceed based on the particulars of his case.

Michael J. Breczinski · Answer

Well they can froce you to go with a subpoena, however the prosecutors willl listen to your wishes. They often will work out a deal that if the person gets anger management then there will be no conviction. THey want to make sure it does not happen again. They have seen cases where the police are called, the person arrested, the other drops the charges and then it happens again and again and again. They want to break this type of cycle.

Jared Altman · Answer

If you don't cooperate with the prosecution than they might not be able to prove their case without you.

Craig Elhart · Answer

A criminal charge is brought by the prosecuting attorney and can only be dismissed by the prosecutor.  If you receive a subpoena to appear in court, you must attend.  If you do not want the charge to go forward, you can talk to the prosecutor but your desire is not the controlling issue.

Thomas Tomko · Answer

It is not quite that simple.  There are a few strategies which can assist to get the charges dropped.  However, you will need to hire an attorney, or perhaps two (one for both the husband and the wife) in order for the strategy to work.  It is not up to the victim to just decide to drop the charges.

Dennis Roberts · Answer

Two possibilities: If they cannot serve you they have to dismiss the case BUT  they usually can serve you. Other idea: Go to a lawyer and hire him/her. They  can contact the DA and explain your testimony would create 5th amendment  problems for you. He/she does not have to discuss what they are BUT implicit in  what the lawyer is saying is that some of the statements you made to the cops  were not accurate. So if you testify as the police report is written you are  perjuring yourself and if you try to explain the report you can be charged with  filing a false report. The problem is that DAs take the position that you are  not the victim. The People of the State of California are the "victim". What a  crock of poop. Anyhow, the above advice is conditioned on the fact that you did  make some false statements in the police report. This is quite common when you  are frightened and upset. So if you can't do number 1, do number 2. Good luck.  Tell hubby if he ever beats you again you will see to it that he is  prosecuted and you will be the star witness.

John DeVito · Answer

In Massachusetts one spouse cannot be forced to testify against the other spouse.  The District Attorney controls the prosecution of the case; but, most District Attorneys will not force a victim to testify. In this case the wife can refuse to testify and the District Attorney has no say.  Without further evidence the case shall be dropped. The ideal situation is to have an attorney represent the wife's interest. If she cannot afford an attorney then have her speak to the defense attorney of the husband and the assistant district attorney.  In this case she should appear in court on her husband's behalf.

Michael Lynch · Answer

An individual cannot simply drop charges against a spouse for DV.  The  crime is considered a crime against the People of the State of CA.  The  charges are brought by the DA for the People.  The alleged victim can  make their wishes known to the DA, they can even decide not to assist in  the prosecution, but the decision to charge or drop charges is strictly  up to the DA.  As far as going to court, if the spouse is properly  subpoenaed then they must appear or face contempt of court charges.  If,  however, they are not properly subpoenaed then they do not have to even  make an appearance.  The lack of a victim testifying often makes it  impossible to proceed.  To be sure of their rights, the alleged victim  should consult with an attorney.

Michael Garber · Answer

You should talk to the prosecutor and tell him you do not want to go forward with the complaint. He will require that you sign a reluctant witness affidavit, and if you make a second complaint later he probably will not prosecute because of your failure to pursue the first one.

Eric Sterkenburg · Answer

If the case is in court you need to talk with the DA about droping the case.

Gregory Casale · Answer

You should hire an attorney. Once your husband, or anyone else, is charged it is not Sue Smith v. John Smith. It is the Commonwealth of Massachusetts vs. John Smith. The significance here is that it is no longer your call what takes place. It is up to the District Attorney's office and they are unlikely to drop the charges unless you somehow assert your privileges against testifying. A lawyer could help you with this, without getting YOU in trouble for failing to appear or failing to cooperate. The DA could even prosecute without your consent or testimony if anyone else saw the incident or if you went for medical treatment. You can always try it without a lawyer first and if they are unwilling to drop the charges, then hire a lawyer. However, be careful. You do not want to change your story either since they could have you charged for filing a false police report if you change your story and say it never happened after saying. If you just do not appear, the court is very unlikely to drop the charges and you could end up with a warrant for YOU to appear.

Eric Lampel · Answer

Call the DA and ask them to drop the charges.  It is up to them, they may or may not agree.

Aaron Goldsmith · Answer

In order to "drop charges," the complaining witness must go to the police.  However in New York, once charges are brought, only the prosecutor controls whether the case will continue or not.

Aaron Black · Answer

You cannot just drop charges.  Your husband is now being prosecuted by the state. Your best option is to call the prosecutor and tell them you no longer want to press charges and you do not want to testify.

Todd Landgren · Answer

There is no clear cut answer. If you go to court, you could be subpeoned. Judge or prosecutor probably wouldn't talk to you anyway. Your husband should get a lawyer who can discuss restraing order and what you should or could do. Don't try and do this yourself. If you made false statement to police,you could be prosecuted. Your role CAN be helpful but you need legal guidance on how that should be done.

Daniel Kieth Martin · Answer

First of all you can't drop charges, only the prosecutor can do that. Secondly, you have the right to refuse to testify if you are the alleged victim.  The worst thing you could do is not show up to court because do not have the right to refused to respond to a subpoena or a court order.  You should contact a criminal defense lawyer to discuss the best way to proceed.

Simon Brian Purnell · Answer

When the police receive a domestic violence report in most jurisdictions it will be assigned to an investigator who specializes in those cases. Whether the charge or report can be dropped depends on the policy of that jurisdiction (or even the agency). For example, some counties have the sheriff, police department, constables, DPS and other local municipal agencies that may be called out. Those agencies may have different policies on whether an affidavit of non-prosecution is sufficient to drop the case or whether it needs to wait until the District Attorney's office accepts or rejects the case. What is consistent, though, is the automatic requirement of time in jail for the accused person that is commonly referred to as the "cool down" period.

John Bussman · Answer

Unfortunately, that's not your decision. You can cooperate with your husband's attorney to help coordinate his defense, but don't expect the DA to simply drop the charges at your request.

David Ayer · Answer

Your husband needs a criminal defense attorney. Once criminal charges have been filed the decision to prosecute or not is entirely in the hands of the state. Many states recognize an immunity of a spouse to testify against a spouse, therefore you may be able to refuse to testify. Depending on what was said to the police by both you and your husband and what of those statements actually made it into the police report, your testimony may not be necessary for the prosecution of the case. Follow the advice of the defense attorney regarding whether or not to testify in court.

John Patrick Yetter · Answer

Once charges are filed, they belong to the State.  The victim of a crime is not a party, they are a witness to a crime.  While victims have certain rights beyond that of a normal witness, they do not have the ultimate say in the continued prosecution.  What obligations you are under depend on what papers you were served (subpoena vs. notice to appear).  Much of the process is also dictated by local rule, as each county has its own rules.  It would be best if you consulted with a lawyer who is familiar with the local practice and who can advise you on the papers you were served.

Jason Overton · Answer

You can refuse to go to court, or refuse to testify, but that doesn't necessarily end things.  In domestic violence cases, the prosecution can go forward even without the victim's cooperation, although it may make it more difficult for them to get a conviction.

Craig Orent · Answer

It's not that simple. You can contact the prosecuting agency and disclose your preference not to prosecute your husband, but ultimately it is up the them to decide what to do. As to whether you should appear in court, that is generally up to you, unless you are properly subpoenaed in which case you have been served with a valid court order. If you violate the court order by not appearing you could be subject to arrest and contempt. However, depending on what court the matter is in, the seriousness of the charge, who the prosecutor is, etc., the case "might" be dismissed if you fail to cooperate or appear. But you should consult counsel directly if in fact you are subpoenaed and don't want to appear. I'm not here suggesting that you ignore the subpoena.

Joseph Dane · Answer

"Pressing" or "dropping" charges isn't up to you.  The prosecutor's office makes that decision.  You can certainly attend court and/or let the prosecutor know that you do not want the charges to go forward, but it may fall on deaf ears.  You can also contact your husband's attorney and let them know.

Stephen Freeborn · Answer

You can't.   This is a criminal matter.  As such, you are the victim/witness to a crime that has been committed.  Once in the hands of the police, the only person who has the authority to decline or dismiss the case is the prosecutor, or the judge.  Even if you say you want to drop the charges, that you made a mistake, or it really didn't happen, the prosecutor is likely to proceed because these are excuses that are often used because the victim is afraid of the consequences of her reporting.   If the incident truly did not happen and you filed a false police report, you can be charged.  If you refuse to go to court, and your are subpoenaed, the prosecutor could request that the court issue a material witness warrant, whereby the police could go out and find you and bring you to court.  You are in a very difficult situation.  Domestic violence is a very serious, and there is too much of it in our society.  Such being the case, these cases are generally very vigorously prosecuted.  If you still have concerns, I suggest that you consult with an attorney.

Mark Broughton · Answer

That is a troubling situation and, perhaps surprisingly to you, it happens all the time in court. Once charges are filed the "victim," especially in a domestic violence case, has little or no say over how the case proceeds. It is a common misconception in any criminal prosecution that the victim "presses charges" and can decide later not to do so. It is now the District Attorney who has filed the charges who is in control of the case. The truth is, you can't simply drop the charges.  Many related issues arise in this context. For example, often is the situation where the "victim" of domestic violence does not want to respond to a subpoena to testify, or give testimony, or wants to change his/her story in court. When these things happen, the court will make sure that he/she has an attorney to advise him/her about the consequences of doing so.   At the outset, before you do anything you should consult with a good criminal defense attorney who can lead you in the proper direction.

William Wood · Answer

If you receive a summons as a witness, you are required to appear in  court.  In Maryland, you have a spousal privilege.  If you do not wish  to testify against your spouse, the State cannot compel you to do so.   You can only invoke the privilege once, so as long as you have never  invoked the privilege in the past, you may use it in this case.  If  there were no other witnesses to the alleged incident, the State would  not be able to prove their case without your testimony.  You would be  required to state under oath that you are invoking the privilege in court.

Jeffrey Pollock · Answer

In my experience, the best method is to have both spouses go in a united front with a lawyer for the accused to withdraw the charges although some  Anger Mgmt. class or other minor concession to the police and ADA may be arranged.

James Schoenberger · Answer

In Washington you cannot "drop a charge" by recanting. Only the state can dismiss a case. It is best to go to court when you are summoned to do so but you may contact the prosecutor or victim advocate and advise them that you do not wish to pursue the matter. They will decide whether or not to dismiss the case based on your wishes.

Jeff Yeh · Answer

You have no choice, and it is out of your hands. Once charges are filed they will subpoena you if the case goes to trial. Once subbed, you are required by law to go to court. And prosecutors are trained to deal with recanting victims. Your husband should hire a good defense attorney, because it is too late at this stage for anything else.

Harley Gutin · Answer

You should meet with an experienced criminal defense attorney.  I could give you a detailed answer if I knew all the facts.  You can typically file a "drop charge" affidavit at the State Attorney's Office and they then make you take a class or watch a movie on domestic violence.  If you are subpoenaed to go to Court and you ignore said subpoena you could be prosecuted for Contempt of Court.

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