Same question hoping for smarter replies please.?

Question

For those idiots that didn't understand the question. I need advice not smart remarks PLEASE. My girl and I had argued on our cell phones. I knew she had been drinking and I didn't want to argue for fear of it esculating so I told her I was not at home(I was). Her keys were in the apartment so she broke the window out and I called the cops just to insure that I was not to be blamed for

They take her to jail for public intox and dom. violence. I need to know how to get the dom. violence dropped.

I asked the cops to let her stay and let me leave peacefully. The cops have never been to our home. She has never had any problems more then 1 speeding ticket in her 27 years.

Answer 1

In most states you will not be able to "drop" the domestic violence charges. Domestic violence is one of those laws that can often be prosecuted without the cooperation of a victim. That being said, it is much more difficult to prosecute any case without the assistance of the victim. Your case will likely be handled by a city attorney or district attorney (depending where you live). Your best hope is to get ahold of the prosecutor who was assigned the case and express your wishes to make it go away. Good luck.

Answer 2

Okay, although this is not the answer that you are probably looking for, even if You drop the charges the ONLY way she can get out of this is if you marry her. I know that sounds real bad, but the court system has so many cases where there is legitimate cases where the spouse is forced to drop charges by the other party for fear of repercussions, they devised a plan that even if you are really sorry you can't drop the charges the state will pick them up and that is to protect women or men from being bullied into dropping them. You should really contact an attorney or talk to the states attorney and find out if it is just a case of destruction of property or criminal mischief either one could just be a misdemeanor and not result in any jail time just community services. You could get a good lawyer and try to drop it altogether considering the only witness here is you and you will not testify based on the fact that just say " I was drunk too and really don't remember what happened". I only say that to help your case not that it really happened that way. You in turn could get charged for filing a false police report. Just remember the law was put into place to protect the people that can't have a voice for fear of the repercussion, not for people that made a mistake and just wanted to prove a point. I wish that I had a better answer for you and the golden answer, but when it comes to cases like this one there is no perfect answer. Good luck in all that you do. Even though she broke the glass it can not be classified as domestic violence because she did not cause bodily harm against you. It is more of a destruction of property. Contact a lawyer for that one again. They really did charge her with the wrong crime and that would not stand up in court with a judge or a jury trial. Check with a attorney. It is not a drug offence so if you make a few calls lawyers will do cases pro bono once a year and your case sounds as though it will be a very good candidate for just that cause.

Answer 3

I don't think you will get to the smart people by starting off calling them idiots. I don't think that you can get it dropped. It depends on where you live, domestic violence is now taken out of the hands of the spouse/abused person. The state presses charges and there is nothing you can do about it. Get a lawyer, or look in the phone book for a "free consultation" attorney and ask them. She probably has a public defender assigned to her case. Find out who that is and ask them. You will need to make a lot of phone calls to attorneys, courts, people who know about these things before you get a good answer.

Answer 4

You would have to tell the police you refuse to press charges on the Dom. Violence charge, but still want her charged for vandalism. Since she didn't attack you personally, and you had actually lied to her telling her you weren't home when you were, you would have to explain this to the police.

Depending on what state you live in, the police would need for you to agree to the charges before they can press further.
If you do not agree, they can only press charges based on the vandalism if at all.

But if you're in a state where it's manditory domestic violence charges based solely on property damage, then there's nothing you can do except be a witness for her defence and explain it to the judge.

Answer 5

It differs from state to state. A lot of states have mandated arrests. That is, they take the decision for prosecution out of the hands of the victim. This is in part to reduce risk of retribution from the partner. There are a lot of Domestic Violence Victims (men and women) who after being beat, want the charges dropped. It's part of the cycle.

Answer 6

Something is missing from this story. Cops are not idiots, not all of them anyway. If you had told the police this story and there was nothing else going on to make them think otherwise, they would not just put a domestic charge on her.

Is she an alcoholic? Do the police regularly come to your home? Was she out of her mind screaming mad drunk?

Best thing you can do is call an attorney.

Answer 7

Hey buddy this is what you need to do. I haven't read any of the other answers but I have the right one. You need to go talk to the district attorney handling the case and tell them that you did not want charges filed and you wish to have the charges dropped in this matter. Explain whats going on. If they persist on charging her tell them that you won't testify. They will tell you that you have to. You don't. You will get supeona'ed to court but everyone has the right to plead the 5th. But make sure you go to court cause if you don't that is against the law.

Answer 8

Talk to the cops and tell them you want to drop the charges of domestic violence; although in some states it's a mandatory arrest/charge.

Answer 9

If you called the cops, you expected consequences, didn't you?

You're better off asking the cops how to drop whatever, but if she did more damage and tangled herself up even more, there's not much you can do... but think before calling the cops next time, or screen whoever the heck you date.

Answer 10

And what? It sounded like the right thing to do. Granted you might not be good with the girlfriend, but atleast you aren't going to get in trouble with the apt owner/manager and have to pay a hell of a lot for a new window and lose your deposit. She should understand why you did it.