If I took out charges against my husband for domestic violence, can the charges now be dropped?
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If I took out charges against my husband for domestic violence, can the charges now be dropped?
I now want them dropped because I want to work through this for the sake of my children and my marriage.
Asked on August 8, 2019 under Criminal Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The fact is that it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is especially true in a domestic violence case since many victims are threatened and otherwise intimidated into requesting that charges be dropped. Accordingly, 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 4 years ago | Contributor
The fact is that it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is especially true in a domestic violence case since many victims are threatened and otherwise intimidated into requesting that charges be dropped. Accordingly, 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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