The decision to file charges or drop charges rests with the State Attorney. If there is evidence of a crime the State Attorney has a duty to prosecute the case, even if the victim recants. Often a victim of domestic violence will ask to have charges dropped, but the State Attorney is careful not to drop charges too quickly as the victim may be threatened by the accused to drop the charges. This is a situation where the tail does not wag the dog, meaning victims do not make decisions to file charges, this is at the discretion of the State Attorney. With that said, you can contact the State Attorney in your county and ask to sign a request not to prosecute. The State Attorney may or may not go along with your request but that is what you would have to do if you want to get the charges dropped. As for his being on probation, he is going to face a violation of probation or VOP due to being arrested while on probation, and it wont matter if he is guilty or not, the VOP will be based upon simply being arrested while on probation.
Answered on May 30th, 2013 at 11:38 AM