QUESTION
How can I get a domestic violence case dropped?
Asked on Sep 10th, 2013 on Domestic Violence - Florida
More details to this question:
I recently had an altercation with my significant other, regardless of what happened she does not deserve to be charged with domestic battery, and she does not deserve to lose everything (her nursing lisence, her BA degree which she is supposed to get this December 2013 etc.)
2 ANSWERS
If you obtained a Restraining Order against your significant other, you can, at the time of the hearing in the civil case, advise the judge that you wish to dismiss the case and usually the court will do just that.
However, you indicate that she was charged with domestic battery, which is a criminal offense. If that is the case, then you should speak with the prosecuting state attorney. In some counties the state attorneys may drop the case if the victim does not want to pursue the charges. However, other counties will still prosecute. You are, of course, the prime witness, so to a great extent, your testimony may determine the outcome of the case if the prosecutor wishes to proceed.
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Sep 11th, 2013 at 7:06 PM
Personal Injury Attorney serving South Pasadena, FL
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The decision to prosecute a criminal charge rests with the State Attorneys office for your county. If you are considered the victim of domestic battery and you do not want to prosecute you should contact the State Attorneys office and ask to complete a "request not to prosecute" form, and speak with the Assistant State Attorney assigned to the case and let him know you do not wish to prosecute. Unfortunately the decision is up to the State Attorney and not up to you. They can take your wishes into consideration, but the general public does not run the State Attorneys office, rather the State Attorney does, and he or she is responsible for all decisions to prosecute or drop charges. IF the State has evidence that a crime was committed, they have a legal obligation to prosecute the case even if the victim is recanting.
Answered on Sep 10th, 2013 at 3:40 PM