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Is it possible for the victim to drop domestic violence charges against husband in state of Arkansas?

Van Buren, AR |

I filed charges against my husband for domestic battery. What I'm wanting to know is if it would be a bad idea to drop the charges IF he agrees to take some type of counseling that my medical insurance would pay for. I don't want the family hurt anymore and even though we're not going to remain married, I want him to get help for his anger.

The dv charge my husband is facing is Domestic Battery 3rd (misdemeanor). He's arreignment is Monday. The prosecuting attorney told me that if he plees not guilty, they will schedule a date for trial, but if he pleas guilty; they would schedule a date for sentencing. Would it be a better idea simply to plee my request to the judge on the day of sentencing.

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Attorney answers 2

Posted

I am basing my answer on general principles of the Domestic Violence Against Women Act as implemented nation wide. I am not admitted in Arkansas.

Ordinarily, local prosecutors will not permit you to drop your dv charges against your spouse. So he'll have to face trial or take a plea.

This makes you subject to a variety of serious economic and social difficulties. Your spouse will carry a misdemeanor conviction that could thwart his ability to get a job or be hired by the government. You will spend a mint on lawyers and advisers and have to waste more time and energy on classes and specialists.

Right now he may be ordered to stay away from you via an order of protection that keeps him from seeing his children and being home. If he is self employed, his business may be suffering because he cannot get to his books and records.

If he is a law enforcement officer, he may have lost his weapon and may be assigned to non patrol duty. This is a professional black mark on his record. If he is a lawyer, if he violates the order of protection, he could be convicted a felon and lose his license to practice law.

You may be heading off to court and getting probing and personal questions from the prosecutor. You may notice there are numerous adjournments and the case may be taking a bit too long because of federal funding that accompanies the federal statute.

In the end, I would invoke protections afforded by the federal statute only in extreme emergencies. Remember that what goes around comes around and he may retaliate in the future with his own allegation of your own domestic violence, or worse an allegation of child abuse and neglect if he believes he was set up this tine around.

Avoid invoking emergency provisions of the law.

Asker

Posted

LETS BE HONEST...SOME WOMEN NEED A GOOD PUNCH IN THE MOUTH...THAT BEING SAID YOU MIGHT GET IN TROUBLE...BUT ALL OF THESE STUPID WOMENS RIGHTS BULLSHIT MOMENTS HAVE CAUSED ALL OF THIS...IF YOU WANT TO GET CHARGES HAVE YOUR LADY DO IT..SHE CAN...IN FLORIDA BY TAKING CLASSES AND WRITING A REPORT SAYING THAT..BUT SHE MUST TAKE THE CLASS FIRST IT IS MANDATORY...

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

Take a look at http://www.ilj.org/publications/docs/Domestic_Violence_Legislation.pdf It shows how the FBI has interloped into state policing of its citizens as regards domestic violence. This is much the same as the Department of Homeland Security interloping into the local policing of the Occupy Wall Street movement. Arkansas does stand out among all other states in one respect: a violation of an order of protection is seriously prosecuted in Arkansas, but it is an affirmative defense if you made up with your honey. In 49 other states, making up does not halt prosecution. You either plea out or you stand trial. This makes close relationships across the U.S. a hazardous activity that can lead to loss of children, income and property. Hopefully your lawyer knows what he is doing and does not win the case for the prosecutor.

Posted

Depending on the circumstances, it may be possible to drop domestic battery charges. The Prosecuting Attorney may require you to sign a release that you want to drop the charges so that you can't come back later and accuse them of not providing assistance. You could also ask the prosecutor to take the charges "under advisement" with the condition that he complete the counseling classes and upon completing the counseling classes and providing the certificate to the court, the charges would be dismissed. The Prosecutor will want to do what is best for you, but will also want to protect you, however there are a number of options available.

Asker

Posted

I see this post was an answer to my question and this other person's question. This is the best answer I feel for my circumstance. Thank you for clarifying the mystery of law to me. I never had this kind of problem before and I appreciate attorneys like you who take the time to help people and do not ask for anything in return like money. There other sites on the internet that ask for money and I am glad to have found this good website resource. Thank you and have a great day!

Asker

Posted

me and my boyfriend was fighting in spanish next thing we kno theres cops at my door they see my eye swollen and asked me if it just happened i said yea but didnt tell them how next thing i kno they put a warrent out for him for abuse he did not hit me he swung his arm but not at me and me stupid walked into it now hes in jail he went to first apearence but did not get a bond and they had put a no contact against him how can i get this straighten up and get him out plz i realy need help i want charges to be dropped