Skip to main content

What happens when there is a bench warrant for domestic violence?

Elizabeth, NJ |

Cops were called for domestic violence on my husband and me for the third time. My husband was not home, cops told me they were going to issue a warrant for him because this had been the third time they have been called. I don't want to press charges on my husband. What do we do now?

Attorney Answers 6


  1. Get your husband an attorney. Your merely not wanting to prosecute isn't going to end the case.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. Get a lawyer. The state is going to want to prosecute after so many calls. In the bigger picture, stop fighting and calling the police. Any resolution with the court is going to require counseling, so it is probably a good idea to get started on that.


  3. Your husband and you may also need different lawyers. In situations like this the state can subpoena you and force you to testify against your husband. There isn't a husband and wife confidentiality when if comes to family violence against the spouse or another person in the household.

    Sincerely,

    Erick Platten


  4. Depending on the severity of the incident or incidents, an can probably work to get the charges dismissed. The state is hesitant to drop charges against a spouse, but if you insist that you will not testify, they probably will go along with your wishes. Talk to a lawyer to discuss in detail.


  5. In many cases where a warrant has been issued that would mean that a temporary restraining order has been issued and the arrest warrant is to locate him so that he can be served with the order.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364


  6. Speak tot he Court and see if a TRO or a criminal charge or both have been files. The TRO cannot be heard until he is served but there may be court dates. Speak to the prosecutor and see if they will drop.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics