How can I get a domestic violence charge against my spouse dropped?
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How can I get a domestic violence charge against my spouse dropped?
My husband and I got into a fight. The police were called and I exaggerated what happened.
Asked on May 26, 2019 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is most especially true in domestic violence cases because many victims are threatened and otherwise intimidated into requesting that the charges be dropped. Consequently, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case will move forward.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is most especially true in domestic violence cases because many victims are threatened and otherwise intimidated into requesting that the charges be dropped. Consequently, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case will move forward.
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