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Is it possible for the wife to drop domestic assault and battery charges against her husband in Louisiana?

Alexandria, LA |

The prosecutor wants to push for the full extent of the law against the husband. The wife is not interested in pursuing charges. The police reports show that the wife had visible bruising across her eye and arms and legs and that the husband hit her first. If the wife states that she hit him first in the midst of a heated arguement, in order to protect her husband, in essence, change the story, would the prosecutor have to drop the charges against the husband? If so, would the charges then roll over to the wife?

Attorney Answers 2

  1. Best answer

    The problem for the DA is that they could run into trouble if they don't prosecute the abuser and he or she does something worse the next time. The problem for the victim is that they often do not want to testify, or if they do, they'll change their story, which is a potential perjury charge. This situation is terrible in so many ways.

    As my colleague responded, find a local attorney who can advice you on the best course of action.

    This does not create and attorney client relationship. As with all legal matters, you should contact an attorney in your jurisdiction who is familiar with the are of law in which you need assistance. You should make contact and seek advise as soon as possible as some claims have time limits and restrictions. Complete and accurate legal guidance cannot be guaranteed without a complete understanding of all aspects of your issue or potential claim.

  2. The prosecutor has discretion to prosecute any case, whether the victim wants to go forward with the charges or not. Generally, if a victim does not want to pursue the charges, the prosecutor will dismiss the case, but no one can "force" him/her to do so. If the wife changes her story, she can be held criminally responsible. Your best bet is to consult with an attorney in your area who is familiar with your local court. He or she should be able to tell you what a particular prosecutor's policy is when it comes to domestic abuse battery charges. Good luck!

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