Home > Research Legal Advice > Domestic Violence > I had my husband arrested for simple battery what happens if I drop the ...
Asked over 3 years ago - Alto, GA
FlagWe want to make our family back, but now he's not allowed to have any contact with me or our children (by the way I am 7 months pregnant also). They said he won't get a court date until he bonds out how is that possible? We have nobody to get him out and we are stuck. What should we do?
I practice criminal defense very near you and can tell you that in this jurisdiction prosecutors like to say that the victim can't "drop the charge" because the charge is being pressed by the State. However, if you and your husband are legally married, you cannot be compelled to be a witness against him because of the marital privilege provided for under GA law. If your husband is still in jail after a few days of his arrest, you could even petition the court for a bond reduction and a modification of standard bond conditions so that you can again have contact with each other and live together, even while the case is pending. Simple Battery charges in GA rarely result in lengthy incarcerations unless there is a history of abuse or prior convictions. I urge you to consult an attorney with the details of your case immediately.
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