Can I pursue the domestic violence / assault charge after being dropped by my daughter? 26 Answers as of May 28, 2013

The father of my daughter kicked the door, assaulted and put a gun to the mother’s head saying that he would kill her in front of their child. The daughter is afraid of him and she dropped the charges.

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Universal Law Group, Inc. | Francis John Cowhig
Yes, if you were the actual victim. Talk to the police or, if charges have already been file, the D.A. and tell them what happened.
Answer Applies to: California
Replied: 9/19/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
File an assault/attempted murder charge by yourself. You don't need daughter's permission.
Answer Applies to: Michigan
Replied: 9/19/2012
Steven Alpers | Steven Alpers
If criminal charges were filed and the police knew you were also a victim it is unlikely you can push the issue, but contact the investigating officer. If you are the victim and you are asking fot a domestic violence restraining order proceed with filing a request or appear at the hearing if it is not too late.
Answer Applies to: California
Replied: 9/19/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
It is up to the cops and the prosecutor to continue prosecution or not. Maybe without your daughter's cooperation they can't make the case.
Answer Applies to: Michigan
Replied: 9/19/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
I am not sure how you can pursue those charges because you are not a victim. The victim can go to the police and press charges and the Family Court to obtain a TPO.
Answer Applies to: Nevada
Replied: 9/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    The prosecutor can still pursue the charges even if a victim claims to want to drop the charges.
    Answer Applies to: Pennsylvania
    Replied: 9/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The complainant or "victim" has no right to "drop the charges". If the charges were dismissed they cannot be brought back up again due to Double Jeopardy. If the prosecutor or judge thought that he put a gun to someone's head they would not have dismissed the charges unless the proof was insufficient or they had no witness. Perhaps the case was plead to a violation or it may have been dismissed, but you can always report him to Child Protection and they will investigate the matter.
    Answer Applies to: New York
    Replied: 9/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you were a witness. Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Unless you are a prosecutor that can present the case to the grand jury, you cannot pursue the case.
    Answer Applies to: Georgia
    Replied: 9/14/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The prosecutor is the one who brings the charges and decides whether to drop or not. You can have a consultation with the prosecutor.
    Answer Applies to: Kansas
    Replied: 9/14/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No.
    Answer Applies to: California
    Replied: 5/22/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can always try for yourself if you suffered the assault and threat. It is up to police whether they file or not.
    Answer Applies to: California
    Replied: 9/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can share your concerns with the local authorities. She does not have the ability to "drop" charges. If the prosecutor believes that his/her case is not strong enough without your daughter's statement, he may not charge the case. This is not the same as your daughter "dropping" the charges. It sounds as if she never reported the crime.
    Answer Applies to: Minnesota
    Replied: 9/14/2012
    Mary W Craig P.C. | Mary W Craig
    If you were there and saw the incident, then go to the DA and tell him/her you want to press charges. If you weren't there, and your daughter is unwilling to press charges, then you are probably out of luck. If, however, your daughter initially filed charges, then told the DA she wanted to drop them, the DA may not drop those charges. Many DAs continue with domestic violence charges because victims are so often threatened into dropping the claims against their abusers.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Once charges are filed, it is in the hands of the prosecutor.
    Answer Applies to: California
    Replied: 9/14/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You may not be in a position to continue on with the charge unless it occured in your presence and the case can be proven by your testimony alone. The charges are normally purused by the prosecutor and not by the victim or the victim's family.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    The decision to drop the charges was made by a prosecutor, not your daughter. That decision was likely made because there would be a lack of evidence if your daughter refused to testify. If you saw the incident, however, then you could testify. If you did not see it, then there is little you could see to change the prosecutor's mind.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It would be up to the prosecutor whether there is sufficient evidence to move forward. You need to start by filing a police report.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    The prosecutor is the one to decide whether to maintain charges regardless of whether the victim wants the charges to be dropped. If the prosecutor believes that the alleged defendant is a threat to society or to someone specific, he/she will maintain the charges if there is a decent case (with witnesses and/or evidence). Therefore, you should try to contact the district attorney's office and/or the police to offer your concerns and any information you may have about the case.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    What the daughter does is irrevelant. Prosecutors will NEVER drop a charge simply because the victim wants to, they're not stupid!
    Answer Applies to: California
    Replied: 9/14/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    If something happened inside or outside court which you don't understand, then speak to the Assistant State's Attorney who handled it. If you still don't understand, then retain an attorney.
    Answer Applies to: Illinois
    Replied: 9/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If the prosecutor feels that they have evidence to obtain a conviction the charges will not be drooped even if your daughter requests that be done. In this case your ex-wife and your daughter should apply for a restraining order against the stepfather. Yours truly Eric Sterkenburg Attorney and Counselor at Law NOTICE OF CONFIDENTIALITY: The information transmitted is a LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION that is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, copying, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
    Answer Applies to: California
    Replied: 9/14/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It's not really up to the victim, or to you, it's up to the prosecutor. If you call the prosecutor, your explanation about your daughter's fear of the defendant may lead to the charges being revived or pursued. But if the victim is the only witness to the crime, and refuses to cooperate, it is hard for the state to prove its case.
    Answer Applies to: Oregon
    Replied: 9/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    No.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    The question is somewhat confusing, however, you can contact the investigator for the PD or the DA, and share your concerns. The state has the right to prosecute whether the victim wants to or not. If the child is fearful, then the child can get a protective order.
    Answer Applies to: Texas
    Replied: 9/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Oh, well then just go to the clerk and file a petition for an injunction for protection from domestic violence.
    Answer Applies to: Florida
    Replied: 9/14/2012
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