QUESTION
How to I get charges dropped against my husband after I called the cops on him for domestic abuse?
Asked on Dec 31st, 2012 on Criminal Law - Louisiana
More details to this question:
I recently got into a fight with my significant other. He is on probation for 18 months now and I ended up calling the cops because he got physical towards me and that is the reason he is on probation because of domestic abuse against me earlier in the year. Now I pressed charges cause my family was so pushy about making him pay for what he does and how he acts. Now if I want to drop the charges and not have him got to jail, what can I do? I can't afford him to end up in jail. We have a 8 month old together and I cant afford anywhere to live on my own with her.
5 ANSWERS
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
You cannot control whether the case is pursued or not but you can let the prosecutor know you feelings as well as work with his lawyer. More important than the financial situation is that you, and your 8 month old, have a safe place to live. He needs help with his anger issues.
Answered on Jan 09th, 2013 at 12:58 PM
Michael J. Breczinski
You are going to have these problems until he changes his ways if ever. Does he drink? If so he should stop. Alcohol is involved with most assaults. Is he in counseling? If not he should start. These will help with his situation.
Answered on Jan 09th, 2013 at 12:57 PM
Stop dreaming. Prosecutors aren't stupid. They will never drop charges simply because a victim has had a change of heart. Your husband needs a lawyer.
Answered on Jan 09th, 2013 at 7:08 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Jan 09th, 2013 at 6:45 AM
Stanley Stephen Spring
You need to contact the DA's office in your city and request an affidavit (they should have one) you can execute and send to them requesting charges are dismissed. Bear in mind; however, that they are not obligated to dismiss the charges just because you give them an affidavit. As a practical matter, it should be quite difficult if they refuse to dismiss proving their case if you refuse to testify. Hope that helps.
Answered on Jan 09th, 2013 at 6:27 AM