My kids father got arrested for domestic violence but I’m not pressing charges and nobody was injured would he be release? 35 Answers as of September 25, 2012

I wasn’t injured and my son was involved but wasn’t injured either. I don’t want to press charges just obtain a restraining order. I let the cops know this already but would they release him in court? What’s going to happen?

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Steven Alpers | Steven Alpers
It is up to the DA and the Judge to decide.
Answer Applies to: California
Replied: 9/25/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
More cops get hurt responding to domestic violence situations. They will do what they will do. When people start yelling and carrying on, it disturbs the public peace, so it is beyond you, your ex- and your family. He needs anger management training, and if he won't get it himself, the court may help him. If I was you, I would get a person protection order through the court.
Answer Applies to: Michigan
Replied: 9/25/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
The victim or "complainant" can advise the police or prosecutor of their wishes but they have no power to dismiss or "drop the charges" or remove the Order of Protection. They can request an Order of Protection, but that is always issued in domestic violence cases, but it may be a no-contact order or no offensive contact order. He shouldn't be in jail under bail unless there was an injury or he has a prior criminal record or bench warrants. He could get counseling and probation, or he could get a jail sentence if he is convicted or pleads guilty. If he is innocent he should go to trail and get an acquittal but he will have to remain in jail unless the judge lowers the bail.
Answer Applies to: New York
Replied: 9/25/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If anyone on-line could predict the future, they would not waste precious time answer these silly questions, they would play the lottery and live on the beach. So, no one knows what wil happen. You phoned the police. So, the case belongs to the state. It does not matter than you do not to press charges, because you are a witness, not a litigant. The prosecutor will decide if she wants to pursue the charges. If she does and you choose not to cooperate, she can have you incarcerated on a material witness warrant. If he is in jail, the prosecutor will move extra slow so he can stay in there the maximum amount of time.
Answer Applies to: Georgia
Replied: 9/25/2012
Law Office of Melvin Franke | Melvin Franke
It's up to the prosecutor.
Answer Applies to: Missouri
Replied: 9/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Once a person commits a crime, the State takes over "pressing charges" - it is not something an individual person does. The State usually prosecutes the perpetrator of a crime to the fullest extent allowable or practical. You can sue in a civil action to get money, and then you have the option of dropping a civil suit if you choose. You should also definitely get a Protective Order. Don't be a victim anymore.
    Answer Applies to: Washington
    Replied: 9/24/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If there is a domestic violence dispute and the police are called if they see evidence of a dispute or are advised by witnesses or parties of a dispute, they must arrest and take someone to jail. You mention this person is your children's father but you do not state he is your husband. As such, you will likley be subpoeaned to court and compelled to testify against him. Courts are zealous as to domestic violence charges.
    Answer Applies to: Alabama
    Replied: 9/24/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Bond will be set. If he can make bond he will be released. The State has a right to prosecute him regardless of whether you press charges, and often will not drop charges on this type of case even when the voctim requests that the charges be dropped. Sometimes, charges are dropped. If they are not dropped, the offender often gets probation.
    Answer Applies to: South Carolina
    Replied: 9/23/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Would he be released? No. When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
    Answer Applies to: California
    Replied: 9/23/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Fortunately, it is not up to you as to whether to press charges. The DA has complete discretion as to whether charges should be brought. Please seek assistance through a local domestic violence help group. No person, particularly children, should have to go through or witness domestic violence. Good luck to you and your children.
    Answer Applies to: Louisiana
    Replied: 9/23/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Unfortunately, once you file a police report, the situation is out of your hands. Only the District Attorney can reduced charges, drop charges or refuse to prosecute a case. If the victim or complaining witness wishes to have the criminal case dismissed, s/he should talk with the District Attorney handling the case. It will be up to the D.A. to decide whether to dismiss the case.
    Answer Applies to: California
    Replied: 9/23/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If he can post bail, he would be released. If you proceed in wanting an order of protection, he will be prosecuted. In all probability, he will get probation with domestic violence counselling, and perhaps alcohol/drug evaluation and follow recommendations for treatment. He will probably escape further incarceration, and be given credit for the time he actually serves as part of his sentence.
    Answer Applies to: Illinois
    Replied: 9/23/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That is going to be up to the Prosecutor in the matter. That person can decide if they are going to charge him or not. A criminal case is brought by the State not the victim.
    Answer Applies to: Michigan
    Replied: 9/23/2012
    Attorney at Law | Michael P. Vollandt
    Bail is usually set at 50K. The DA is in charge and if they want to prosecute the case whey will weather or not you want the case dropped. Also, if a minor was in the middle of the middle of the fracas you could also be charged with child endangerment.
    Answer Applies to: California
    Replied: 9/23/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    You should ask them.
    Answer Applies to: Illinois
    Replied: 9/23/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    It's up to the prosecutor now.
    Answer Applies to: Michigan
    Replied: 9/23/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    File for a protection order and that will at least keep you safe.
    Answer Applies to: Nebraska
    Replied: 9/23/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The police (state) are not obligated to drop charges because you state that you do not want to press charges. If they can make their case they are likely to proceed.
    Answer Applies to: Minnesota
    Replied: 9/23/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The prosecutor decides how the case will be handled + will only seek general input from you. Whether anyone received injuries is not really an issue. It is likely he will have to do classes + will end up with a conviction of some type.
    Answer Applies to: Colorado
    Replied: 9/23/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Contact the Assistant District Attorney handling the case. Many DA offices have a "Special Victims Unit" or a "Domestic Violence Unit" which have their own protocols. Discuss your concerns and ask your questions with the ADA or investigator assigned.
    Answer Applies to: New York
    Replied: 9/23/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    It depends on the prosecutor and Judge. Call the prosecutor and see if he/she will agree to drop the charges.
    Answer Applies to: Virginia
    Replied: 9/23/2012
    Mike Yeksavich | Mike Yeksavich
    I do not understand your rationale in not pushing charges.
    Answer Applies to: Oklahoma
    Replied: 9/20/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    As the alleged victim, you cannot drop charges. Only an elected prosecutor or his or her deputy has the authority to file and drop charges. What will happen is the prosecutor will assume your initial statement is true and prosecute the defendant. You can call the domestic violence advocate and express your desire to have the case dismissed but the advocate will likely tell you the same thing I have just told you. Assault is defined as a harmful or offensive touching so injury isn't required.
    Answer Applies to: Washington
    Replied: 9/20/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    He will mostly likely receive a bond since it is a bond able offense; however, there will most likely be a criminal stay away order that will prevent any contact with you. Whether the State files charges is completely up to them (whether you want to or not); however, they will take into consideration your input.
    Answer Applies to: Florida
    Replied: 9/20/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    He will be prosecuted on the DV charge, and you will be a witness for the City.
    Answer Applies to: Kansas
    Replied: 9/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely not. Once he cops are called the ship has sailed. The prosecutor isn't stupid, and they will never drop charges simply because you don't want to go forward. These DAs are trained to deal with recanting witnesses. Your kids' father better hire a lawyer, that's his only chance.
    Answer Applies to: California
    Replied: 9/20/2012
    Richard E. Damon, PC | Richard E. Damon
    He deserves to go to jail. The offense is not against you, it is against the people of the state of California, so it is irrelevant that you are not pressing charges.
    Answer Applies to: California
    Replied: 9/20/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Restraining order should be issued to protect you. judge will likely release husband perhaps o n a small bond. Be careful, a lot of women use this law against their husbands and abuse the system.
    Answer Applies to: North Carolina
    Replied: 9/20/2012
    Gates' Law, PLLC | Thomas E. Gates
    DV is a very serious matter. It no longer is a question of whether the victim is willing to testify. If there is proof of assault 4, DV, the victim is not needed to testify. Also, assault 4 is easy to prove, it is any offensive touching, even your clothes just being touched, it is assault 4.
    Answer Applies to: Washington
    Replied: 9/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Once the police and prosecutor are involved they have to agree to drop the charges, and commonly they will not.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Victor Varga | Victor Varga
    That's up to the State's Attorney to decide. Talk with the State's Attorney who is handling the case.
    Answer Applies to: Maryland
    Replied: 9/20/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    He is charged with a crime, and you are the victim. Some state attorneys will drop the case if you go in and sign an affidavit for their office, others may not drop the case. Try to see if it is possible to get the case dropped, you may have to take a class beforehand. This is what happens when you are the victim of crime. The best thing to do if your state attorney will not drop the case is to hire an attorney in your area to represent the father.
    Answer Applies to: Florida
    Replied: 9/20/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They can still pursue the case and upon release the judge will impose a no contact order with the victim.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult with a lawyer or agency which handles domestic violence matters.
    Answer Applies to: Indiana
    Replied: 9/20/2012
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