Do u think the judge will drop a cdv charge against my husband if i ask him to?

Asked over 3 years ago - Walterboro, SC

My husband got a cdv charge against him. And I would like it to b dropped. He is gettin help thru a church group. Plus I dont want my kids to b invovled in this. Do u think the judge will drop ii if i ask him to drop it?

Attorney answers (2)

  1. Daniel Albert Selwa II

    Contributor Level 12

    Answered . More than likely you will meet with a victim's advocate and the prosecutor in the case. They look for specific cues that will tell them whether or not to go forward with the case. You can ask them to drop it and let them know that you will not participate in a favorable manner. Depending on the severity of it and the past record of your husband, they may or may not decide to push on. There is an automatic perception that the victim will come and try to get it dismissed (this is almost text book). Your argument must be good and backed up with realistic facts. Good luck.

  2. Thomas E Mulinazzi

    Pro

    Contributor Level 14

    Answered . It is your choice if you refuse to testify against your husband. Therefore, the Judge will listen to your request but the Judge may require some type of behavioral management therapy/program. Another option is that the Court could postpone the final hearing to give you and your husband more time to work on the underlying issues.

    The important thing is that you need to be safe. Please talk to a lawyer or counselor who works with domestic violence victims about the situation. Church groups are helpful but some are not qualified or specially trained in domestic violence (some are).

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