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How to drop domestic violence charges

Red Springs, NC |

my boyfriend and i got into a fight and i have some marks on my face. We talked about it and everythings fine now.

Attorney Answers 3

  1. There is no way that you can "drop charges". The case is the State's to prosecute, not yours. You are the victim and a witness, nothing more. The prosecutor will make the decision about whether to file the case and how to proceed.. You can certainly talk to the prosecution about your feelings, but you cannot make the case go away.

  2. If you have filed a civil no contact action under NCGS Chapter 50B, then you can absolutely drop the action, at your discretion. It is not up to the District Attorney. The other answer from the out-of-state lawyer is incorrect, if that is the case.
    However, if you had criminal charges filed, then the ADA is empowered to drop the charge, but may choose not to. Sometimes, they will require your boyfriend to attend DV classes for a period of time, in exchange for a dismissal. Other times, the DA will go forward with the prosecution, and seek to compel your testimony.
    Since I am not sure what your situation is, I suggest you seek counsel in Robeson County to assist you. Try contacting David Branch, or Sue Berry. Both excellent lawyers in that area. Good luck.

  3. I agree with everything Mr. White said in his response, especially that you need a local attorney to help you. There may be certain procedures or customs in your county that a lawyer will be able to guide you through more quickly and will be able to ensure that it is done correctly. In my county, District Court Judges prefer that a civil domestic violence cases be dismissed a certain way. If not done correctly, it can cause a problem when the defendant comes back into court asking for weapons to be returned. Also, there are certain procedures attorneys can use convince ADAs to dismiss criminal domestic violence cases.

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