Today me and my ex got into a fight he choke me and left marks he has never ever done this before and I felt I was pressured into calling 911 when I don't want to but someone kept telling me to I want the charges dropped and the emergency protective order lifted we have kids and I.know without a doubt this will never happen again I just want this mess to go away they haven't arrested him yet nor do I want them to someone please help I don't want him to go to jail like I said I felt forced to call 911
Go down to the District Attorneys Office at Crowley Courts Building . Go see Erica and discuss this case. I recommend you visit with a criminal lawyer. The state can proceed with the case despite your desire to drop it. A lawyer can assist. I don't accept this type of case. There are many who do. Be safe and ponder this before going.
First of all you are making a bad decision that you will most likely regret, at least that is what happens in the majority of cases I have been involved in- the offender will swear he will never do it again until he does it again. The best way to get him to change his behavior is to go forward with the criminal case and force him to get counseling that is long overdue. As far as the Magistrate's Order of Emergency Protection- that was probably issued at the time your ex was arrested and brought before a state magistrate. You would have to find out who the MUNICIPAL JUDGE of JUSTICE OF THE PEACE was who issued that order and ask that it be modified or lifted. The judge may or may not grant your request. I suggest that you wait a month before deciding you want to drop the criminal charges.
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First face that he is going to have to go through the system. He needs to contact a lawyer as well as a make a bond so he is not arrested. The lawyer may be able to walk him through. A protective order will likely issue. But, a protective order keeps him from coming to your home or work and from threatening, assaulting, etc., but it does not keep him from having a civil conversation with you and it certainly does not stop him from seeing his children. (Be aware, however, that some judges make it a condition of bond that the accused have no contact. His lawyer can work on this perhaps.)
The best way to proceed if you do not want him prosecuted is to work with his lawyer to assist. However, frankly, they are not likely to dismiss the case just because you want them to - especially if he choked you. (If he did not cut of your breathing, then it is a class A assault; if you could not breath, it is a felony.) The lawyer may advise him to immediately get into anger management classes.
Whether you felt forced or not does not change that he assaulted you. That reason alone will definitely not result in a dismissal.
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