It is hard to say if the prosecutor will dismiss the charges as it will be based on the prosecutor's judgement of the specific facts in the case. However, the prosecutor is required to take the victim's input into account when making decisions about the case. The weight of your input may be tempered by the fact that in domestic violence cases the victim recants and does not want to pursue a prosecution.
In addition, the prosecutor will weigh what type of witness yoiu will be at trial and if he/she believes you will not be a strong witness it will also effect his/her decision. It may at least help to achieve a more favorable bargaining position for your boyfriend. I would definately suggest talking to the prosecutor to letting him/her know your position. You can call the office or show up at the pre-trial conference.
I would also advise your boyfriend hire an attorney to point out the dificulties the State may have in proving thier case.
There is no guarantee that the prosecutor will drop the charges but if you do not want to go forward they may consider dropping the case. However, DV is a serious matter. Your boyfriend needs an attorney immediately.
Domestic violence tends to get worse with
time. It usually does not go away on its own.
It is important to remember that you are not
responsible for the violence, but there are
things you can do that may help break the
cycle of violence.
· Domestic violence is a crime. If you are
in immediate danger, call the police.
They will inform you about legal
protections and restraining orders.
· You have the right to ask a judge to
issue a temporary restraining order
(TRO) that may help protect you from
more abuse by the person who abused
you. A TRO can require that the attacker
is temporarily forbidden from: (1)
entering your home, (2) having contact
with you or your relatives, or (3)
bothering you at work. A TRO can say
that you have temporary custody of your
children, and may include other things
the court can order. A TRO can also
require the attacker to pay temporary
support for your children or you, and to
pay you back money spent for medical
treatment and repairs because of the
violence. You can get a TRO by
contacting the police or Family Part of
Superior Court in your county during
· The police are required to file a criminal
complaint against the attacker in some
cases. You have the right to file a
criminal complaint if the police do not do
Domestic Violence Services Statewide/National
New Jersey Coalition for Battered Women
National Coalition Against Domestic Violence
Family Violence Prevention Fund
American Bar Association Commission on Domestic Violence
Battered Women’s Justice Project
National Organization for Women
End Violence against Women
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Prosecutors and judges are very hesitant to dismiss domestic violence charges, especially where there is visible injury. In your case, the prosecutor could call the neighbors as witnesses and might not even need you to testify. That is his/her right to do. However, many times, if the victim expresses the desire not to proceed, they won't. Nonetheless, anything you or your boyfriend say to the prosecutor can be used as evidence. The best thing is to hire a lawyer and let him deal with it so you are not making your boyfriend's case worse or putting yourself at risk.
He should have an attorney. But yes if you speak to the prosecutor they may impose conditions toward a dismissal. You want to get the charges dismissed so his record can be expunged. (the arrest is on there now). Call with more information.