Can state prosecute domestic violence without the victim pressing charges?

Asked about 4 years ago - Apopka, FL

I was arrested for domestic battery (misdemeanor). My husband and I got into an argument and he refused to allow me to leave the house. i threw my keys at him and went to bed. he called the police because he thought the argument was going to continue and he wanted them to calm me down. He told 1st officer he did not want to press charges, but second officer said that the scratches on his arm (from the keys) could be defense wounds and he had to investigate. I was arrested. My husband went to the state attorney today to tell them that he doesn't want to press charges and was told that they have no paperwork and that they can not do anything until I have been charged. (It has been a week since my arrest) Can they still prosecute if he won't press charges?

Attorney answers (3)

  1. Jay Roger Rooth

    Contributor Level 11

    Answered . The State Attorney certainly will take into consideration whether the victim is looking to press charges or decline to cooperate. However, its the State Attorneys office who decides whether to prosecute a case. You should contact an experienced criminal defense firm with experience handling domestic violent cases to provide you with specific advice. Our firm offers free consulations to review the police reports and discuss how to proceed.
    www.mosesandrooth.com
    Jay Rooth

  2. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . The victim does not decide whether charges are filed or not. That decision rests solely with the state attorney. However, the state attorney will take the victim's wishes into consideration.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  3. Corey Ira Cohen

    Pro

    Contributor Level 15

    Answered . You need to call a lawyer and we will know how to advise you and your husband. There are steps that can be taken, but the hiring of an attorney is the first step. If you would like to come into my office or talk on the phone you may call for a free consultation at 407-246-0066 and we can get into the details of your case and all possible defenses.

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