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It depends. Are you the complainant, or the defendant? If you are the copmplainant - go to the court that issued the order and asked to have it dissolved. If you are the defendant - you must file a petition/motion showing good cause why the order should be dissolved. The judge will hold a hearing to determine the outcome. However: if the complainant does not wish to, or does not agree - in all likliehood it will not happen.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoIt boils down to two questions. Were you arrested and charged with the offense as a result of the assault, or did your wife petition the court for it? If it was the result of an arrest, it may prove difficult because even if she SAYS she does not want to go ahead with it, the arresting officer(s) will be able to testify as to her injuries and/or what they observed at the time that led to their probably cause to arrest you. That may be enough to sustain the charge against you regardless of her preference in the matter. On the other hand - if it was SHE that petitioned the court - all she should have to do is go to court and request that the petition be withdrawn.
Wiki User
∙ 12y agoDomestic violence is a very serious offense and treated as such by both the legislatrures, the police and the courts. If this case originated as a criminal complaint and involved police action, it probably cannot be dropped since the prosecutor is in charge of the case at this point, NOT the victim.
Wiki User
∙ 12y agoYou don't. Only the state, through the prosecuting attorney, can decide whether to dismiss or prosecute criminal charges.
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My husband was arrested for a battery domestic and a onsite v.o.p the police report was false what do i do and will the charges be dropped on my husband?
If your husband was arrested for a battery-domestic charge and an onsite police report was taken and it was false, you can fight it in court. This will be the only way to get the charges dropped depending on what state you are in.
Can simple assault charges be dropped if that person is your significant other?
An assault committed upon your 'significant other' is Domestic Violence. The likliehood of that being dropped is slim to none.
What happens if the state motions to prosecute a domestic violence offender after the charges are dropped?
Assuming that you mean the charges were originally taken by the victim and dropped by or at the request of the victim, Then if the state (in GA at least) motions to prosecute (typically domestics) on behalf of the state, then the charges stand and the victim takes on the role of victim/witness in stead of victim/complainant. The state can continue to pursue domestic violence charges and prosecution in domestic situations now due to laws adopted after years of battered spouses dropping charges against their abusers because of fear and misguided loyalty.
What happens when charges are dropped against you?
When charges are dropped then you are free to go
How do you get harassment charges dropped?
false charges
can you join any branch of the military if you have been arrested for domestic assault but the charges have been dropped an d expunged?
Yes because the records are clean
What will happen if a armed robbery gets dropped down to assault battery?
This is known as a downfiling of charges from a felony to a misdemeanor, and the case transferred to its respective court.
Is battery the same as domestic battery?
No, Battery is not the same as Domestic Battery. Battery is the unlawful touching or another person. Domestic Battery is the unlawful touching of a family member, spouce, boyfriend, girlfriend, room mates. Domestic means someone you're living with or related too.
How to get charges dropped?
Talk to your lawyer.
Can charges be dropped after arrest in NC?
no
Was arrested for marijuana Miranda rights not told can the charges be dropped?
If you were taken into custody with the intent to be interrogated then yes, the charges could be dropped.
Can charges against someone be dropped after an affidavit is signed?
Sometimes charges can be dropped against someone even after an affidavit has been signed. It will really depend on the charges and city and state.
