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My boyfriend was arrested on domestic assault charges against me. How do i get them dropped if he did not assault me

Webster City, IA |
Filed under: Domestic violence

I originally stated that he hit me due to pressure from police and my sister. I have written the county attorney to have the protective order removed and the case dismissed. Where do i go from here?

Attorney Answers 1

Posted

Once a police report regarding domestic violence has been taken, the prosecuting agency makes their own determination on whether to file charges against the alleged abuser. There was a time when victims would tell prosecutors they no longer wanted to prosecute and that would be the end of it. That is no longer the case. Prosecutors now have the right to continue to pursue a case even without the alleged victim's support. This means that although you may have changed your mind, that only will viewed as evidence to determining if the defendant commited the crime of domestic violence, it will not stop the process. So, the simple answer to your question is you cannot get the case dismissed. However, your statement that he did not hit you and you just felt pressured at the time to make a police report might be able to assist his attorney defend him against the charges if in fact the prosecutor decides to file charges against him. In other words, it would be additional evidence that might help him defend himself in court.

DISCLAIMER: This does not constitute legal advice. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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