You need to talk to the State Attorney as they may decide to prosecute without your approval. You will then not have any say about whether you testify or not. In addition, the No Contact Order is to protect both of you so I suggest you follow it. Good luck.
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He can have a lawyer prepare a declination of prosecution for your signature if you're saying you don't want the prosecution. Also, a lawyer can file a motion to modify bond conditions to allow contact. Do you know if he has obtained a lawyer? Did you two live together? Where is he now?
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Do you know if he has an attorney? A public defender? You can get in touch with the attorney and sign what is called a declination of prosecution. This will go a long way. You also can agree to testify at a motion hearing on a motion to modify conditions of pretrial release and request the no contact order be lifted.
Most importantly, you need to think it through carefully and ensure there are no issues going on here that more violence could be carried out in the future.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Unfortunately, even without your consent, the State can pursue criminal charges against your husband. However, your lack of cooperation will be make very difficult for the State to continue with their prosecution, but it will not necessarily make it impossible.
There will be a court date coming up soon. Your husband should make contact with the Public Defenders Office Early Representation Unit so he can get started with his defense. You could also contact the State Attorney's Office and ask to sign a Waiver of Prosecution form. This form indicates that you are the listed victim, and that you have no interest in pursuing charges, and do not want to be contacted by the State or anyone else regarding this case. You could also speak to the prosecutor handling the case and explain to them what really happened (for example: Husband never touched me, I never called the police, Police officer was rude and wrote things I did not say). You must be careful what you tell the State Attorney's Office, because they can use your sworn statements against your husband, and even against you if they feel you are lying to protect your husband. Many victims get charged with perjury for such a thing.
It would be best if you were able to hire a private attorney to help speed the process along.
Please be careful what information you post over the internet via websites like this one. Anything you say can be used against you at a later proceeding. You may contact me for a free consultation. Grant@dnslaw.com
I agree that you should speak with the prosecutor because that is really your only angle if there are not funds available for hiring an attorney. Good luck!
Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
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