What can I do to get misdemeanor domestic assault charges dropped?
I called the police on my girlfriend after she hit me, and they cited her for domestic assault (against my wishes). I know it is in the hands of the prosecutor now but I would like to do whatever I can to get the charges dropped somehow. What are my options? Please please spare the life lessons, I just want to know my options. Thanks
- Artemis AgroteraLv 79 years agoBest answer
You have no options. You have no power to drop the charges. You can speak with her attorney (note that I said HER attorney, not the prosecutor) and let her attorney know that you do not support the criminal prosecution of your gf.
But it is very rare that a victim of DV actually wants to have his/her attacker criminally prosecuted. The prosecutor does not require the permission or consent of the victim to prosecute the defendant. The only thing you can do is to make certain the defense attorney knows that you will be a witness for your girlfriend.
- 9 years ago
Usually depends on the state you live in. However 9/10 times there is not much you can do. When the law is called someone must go to jail. The Justice System is cutting down hard on domestic violence. Since allot of murders are domestic related.
You can talk to your District Attorney/Prosecutor, about dropping the charges or some know it as noel process. Its up to the prosecutor whether or not he wants to continue the charges or to drop them.
Friend of mines husband beat her and she wanted to drop it but he was still prosecuted.
If this is a repeating matter, leave before it gets worse.
Good LuckSource(s): Law book/Personal experience
- Anonymous9 years ago
It is not up to you- domestic violence cases are not if the person wants to press charges but if the prosecution wants to press charges. The reason is in the past many women would have the man arrested then be intimidated to drop the charges by the man or feel sorry for him and drop the charges. If unpunished these individuals could continue abusing people & eventually kill the individual. You could talk to the Prosecutor but he or she might not drop the charges and it is up to the prosecution to press charges. IF your girlfriend slapped you she should be arrested to keep her from being violent in the future. If not punished now she might continue with you or someone else-- have a child and slap her child- etc.... People who break the law have to be arrested for their crimes and taught how to live life without committing crimes.Source(s): 2 degrees in criminal justice
- Joe FinkleLv 79 years ago
You can talk to the prosecutor. They may or may not wish to pursue the case anyway. They also may try to give you some of those life lessons that you are trying to avoid, and for good reason. It can be embarrassing for men to come forward in domestic violence cases, but it happens more often than you would think. On a misdemeanor, she would most likely get anger management or something like that. She may not be hurting you, but it's better that she work through her issues before she has children who are much more fragile.
If, after really listening to what the prosecutor says, you still disagree, you can talk to her lawyer. She may not be able to talk to you due to restraining orders (usually the case, but obviously I don't know about your situation), and so if you try to talk to her, she'll have to hang up or walk away or face further charges. Her lawyer also cannot contact you on her behalf, but ask the prosecutors if you can contact her lawyer. They will most likely say that you can, but they will advise against it.Source(s): I used to work in the DA's office in the Domestic Violence Bureau. Often a plea deal for counseling is the best outcome to misdemeanor domestic assault cases. Acquittals far too often come back later as felonies. It is VERY difficult for someone who hits once to not do it again without serious help. This time it was you, next time it may be your defenseless child.
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- 9 years ago
They need proof and without a witness they don't have proof. My cousin had this same problem he got mad threw a plate across the room and the neighbors called the cops. He took off and when the cops found him they charged him with assault. His girlfriend refused to testify against him and they dropped the case. Just say that it never happened and that you were just upset with her. Say that she just tripped and touched you. That you were so upset that you took it as violence.
- Kathi SLv 69 years ago
You can tell the prosecutor you would like the charges dropped, but they don't have to.
- Anonymous9 years ago
They take Dom Assault cases very seriously, as you've found out. I doubt that she will get a break because assault usually happens again and again.
- 9 years ago
good one are you rich????????