QUESTION
My kids father got arrested for domestic violence but I’m not pressing charges and nobody was injured would he be release?
Asked on Sep 19th, 2012 on Criminal Law - Indiana
More details to this question:
I wasn’t injured and my son was involved but wasn’t injured either. I don’t want to press charges just obtain a restraining order. I let the cops know this already but would they release him in court? What’s going to happen?
21 ANSWERS
Ronald A. Steinberg
More cops get hurt responding to domestic violence situations. They will do what they will do. When people start yelling and carrying on, it disturbs the public peace, so it is beyond you, your ex- and your family. He needs anger management training, and if he won't get it himself, the court may help him. If I was you, I would get a person protection order through the court.
Answered on Sep 25th, 2012 at 2:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is up to the DA and the Judge to decide.
Answered on Sep 25th, 2012 at 2:35 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It's up to the prosecutor.
Answered on Sep 24th, 2012 at 9:07 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Bond will be set. If he can make bond he will be released. The State has a right to prosecute him regardless of whether you press charges, and often will not drop charges on this type of case even when the voctim requests that the charges be dropped. Sometimes, charges are dropped. If they are not dropped, the offender often gets probation.
Answered on Sep 23rd, 2012 at 1:45 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Would he be released? No. When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
Answered on Sep 23rd, 2012 at 1:44 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Fortunately, it is not up to you as to whether to press charges. The DA has complete discretion as to whether charges should be brought. Please seek assistance through a local domestic violence help group. No person, particularly children, should have to go through or witness domestic violence. Good luck to you and your children.
Answered on Sep 23rd, 2012 at 1:42 AM
Michael Paul Vollandt
Bail is usually set at 50K. The DA is in charge and if they want to prosecute the case whey will weather or not you want the case dropped. Also, if a minor was in the middle of the middle of the fracas you could also be charged with child endangerment.
Answered on Sep 23rd, 2012 at 1:38 AM
Michael J. Breczinski
That is going to be up to the Prosecutor in the matter. That person can decide if they are going to charge him or not. A criminal case is brought by the State not the victim.
Answered on Sep 23rd, 2012 at 1:38 AM
It's up to the prosecutor now.
Answered on Sep 23rd, 2012 at 1:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Contact the Assistant District Attorney handling the case. Many DA offices have a "Special Victims Unit" or a "Domestic Violence Unit" which have their own protocols. Discuss your concerns and ask your questions with the ADA or investigator assigned.
Answered on Sep 23rd, 2012 at 1:36 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, once you file a police report, the situation is out of your hands. Only the District Attorney can reduced charges, drop charges or refuse to prosecute a case. If the victim or complaining witness wishes to have the criminal case dismissed, s/he should talk with the District Attorney handling the case. It will be up to the D.A. to decide whether to dismiss the case.
Answered on Sep 23rd, 2012 at 1:35 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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It depends on the prosecutor and Judge. Call the prosecutor and see if he/she will agree to drop the charges.
Answered on Sep 23rd, 2012 at 1:35 AM
I do not understand your rationale in not pushing charges.
Answered on Sep 20th, 2012 at 2:41 PM
Absolutely not. Once he cops are called the ship has sailed. The prosecutor isn't stupid, and they will never drop charges simply because you don't want to go forward. These DAs are trained to deal with recanting witnesses. Your kids' father better hire a lawyer, that's his only chance.
Answered on Sep 20th, 2012 at 2:00 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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He will mostly likely receive a bond since it is a bond able offense; however, there will most likely be a criminal stay away order that will prevent any contact with you. Whether the State files charges is completely up to them (whether you want to or not); however, they will take into consideration your input.
Answered on Sep 20th, 2012 at 2:00 PM
Thomas Edward Gates
DV is a very serious matter. It no longer is a question of whether the victim is willing to testify. If there is proof of assault 4, DV, the victim is not needed to testify. Also, assault 4 is easy to prove, it is any offensive touching, even your clothes just being touched, it is assault 4.
Answered on Sep 20th, 2012 at 1:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Once the police and prosecutor are involved they have to agree to drop the charges, and commonly they will not.
Answered on Sep 20th, 2012 at 1:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Restraining order should be issued to protect you. judge will likely release husband perhaps o n a small bond. Be careful, a lot of women use this law against their husbands and abuse the system.
Answered on Sep 20th, 2012 at 1:20 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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He deserves to go to jail. The offense is not against you, it is against the people of the state of California, so it is irrelevant that you are not pressing charges.
Answered on Sep 20th, 2012 at 1:19 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He is charged with a crime, and you are the victim. Some state attorneys will drop the case if you go in and sign an affidavit for their office, others may not drop the case. Try to see if it is possible to get the case dropped, you may have to take a class beforehand. This is what happens when you are the victim of crime. The best thing to do if your state attorney will not drop the case is to hire an attorney in your area to represent the father.
Answered on Sep 20th, 2012 at 12:15 PM
Consult with a lawyer or agency which handles domestic violence matters.
Answered on Sep 20th, 2012 at 12:15 PM