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Can you drop a domestic violence charge?

On Behalf of | Jul 23, 2020 | Domestic Violence |

You and your spouse have been having problems for a long time. Even though you still live together, it’s clear the relationship is failing. Tensions have recently escalated, however, and you found yourself in a heated argument one night after your spouse had been drinking. Words were exchanged, then a blow, and the police were called.

Your spouse ended up being arrested on domestic violence charges. At the time, you felt that the arrest was entirely justified. As your bruise fades, however, you’ve started to reconsider. Maybe your spouse has called you from jail, pleading with you to reconsider. Maybe his friends or relatives are pressuring you about it. Maybe you simply feel guilty over the idea that your child’s other parent is in jail.

This is actually out of your hands. No matter what people think, you did not “charge” your spouse with domestic violence, nor are you the person who is prosecuting them. The decision to make an arrest belonged to the officers on the scene. The decision to move forward with the charges came from the prosecutor.

Even if you recant your statement to the police, it won’t have any significant effect on the case against your spouse. Police and prosecutors are keenly aware that the victims of domestic violence often feel pressured into retracting their statements.

You do have a number of legal options as you move forward. An order for protection can put a halt to any calls or contact with your spouse and give you the space you need to make some decisions about your future. Talk to an experienced attorney today about your situation.


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