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How can I get simple assault charges dismissed against my boyfriend. We had an extremely heated argument and our neighbors call

Vernon, NJ |

the police. He had grabbed me I bruise very easily so there were bruises on my arms. The police arrested him. I didn't file any charges against him. I never wanted him arrested I need help in making this all go away. He has a pretrial conference. If I speak with the prosecutor will he dismiss all the charges?

Attorney Answers 4


It is hard to say if the prosecutor will dismiss the charges as it will be based on the prosecutor's judgement of the specific facts in the case. However, the prosecutor is required to take the victim's input into account when making decisions about the case. The weight of your input may be tempered by the fact that in domestic violence cases the victim recants and does not want to pursue a prosecution.

In addition, the prosecutor will weigh what type of witness yoiu will be at trial and if he/she believes you will not be a strong witness it will also effect his/her decision. It may at least help to achieve a more favorable bargaining position for your boyfriend. I would definately suggest talking to the prosecutor to letting him/her know your position. You can call the office or show up at the pre-trial conference.

I would also advise your boyfriend hire an attorney to point out the dificulties the State may have in proving thier case.

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There is no guarantee that the prosecutor will drop the charges but if you do not want to go forward they may consider dropping the case. However, DV is a serious matter. Your boyfriend needs an attorney immediately.

Domestic violence tends  to get  worse with
time.  It usually does not go away on its own. 
It is important to remember that you are not 
responsible for the violence,  but  there are
things  you can do that may help break the
cycle of violence.
· Domestic violence is a crime.  If you are
in  immediate danger,  call the police. 
They  will inform you about  legal 
protections and restraining orders.
· You have the right  to ask  a judge to
issue a temporary  restraining order
(TRO)  that  may help  protect  you from
more abuse by  the person who abused
you.  A TRO can require that the attacker
is  temporarily  forbidden from:  (1)
entering your home,  (2) having contact 
with you or your relatives, or (3)
bothering you at work.  A TRO  can say 
that you have temporary custody of your
children,  and may include other things 
the court  can order.  A TRO  can also 
require the attacker to pay  temporary 
support  for your children or you, and to
pay  you back  money  spent  for medical 
treatment and repairs  because of  the
violence.  You can get  a TRO  by 
contacting the police or Family  Part  of 
Superior  Court  in  your county  during
business hours.
· The police are required to file a criminal 
complaint  against the attacker in some
cases.  You have the right  to file a
criminal complaint if the police do not do

Domestic Violence Services Statewide/National

New Jersey Coalition for Battered Women

National Coalition Against Domestic Violence
800-572-7233 (-SAFE)

Family Violence Prevention Fund

American Bar Association Commission on Domestic Violence

Battered Women’s Justice Project

National Organization for Women

End Violence against Women

Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: / Email: NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

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Prosecutors and judges are very hesitant to dismiss domestic violence charges, especially where there is visible injury. In your case, the prosecutor could call the neighbors as witnesses and might not even need you to testify. That is his/her right to do. However, many times, if the victim expresses the desire not to proceed, they won't. Nonetheless, anything you or your boyfriend say to the prosecutor can be used as evidence. The best thing is to hire a lawyer and let him deal with it so you are not making your boyfriend's case worse or putting yourself at risk.

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He should have an attorney. But yes if you speak to the prosecutor they may impose conditions toward a dismissal. You want to get the charges dismissed so his record can be expunged. (the arrest is on there now). Call with more information.

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