How do I write my own affidavitt for nonprosecution on behave of my husband?

Question

he is being chared with assalt family member which in this case myself i dropped charges state picked them up.

Answer 1

An affidavit of nonprosecution may not help your husband.

1) Let's presume you say in the affidavit that you don't want to prosecute your husband. If I were the state's attorney, my answer would probably be, "so?". Too bad. Don't call the police and make a report next time. If he assaulted you, then he needs punishment for the crime.

2) If you deny that the incident took place, (under oath) then you may be charged with false reporting in the initial police report. (I would probably charge you if I were prosecuting). The reason is as alluded above. Most incidents of domestic abuse are NOT isolated incidents. I don't want you to get into the habit of reporting events that didn't happen. If the even truly DIDN'T happen and you accused him because you had a fight, etc, then you deserve whatever you get.

3) In any event, the district attorney's office (or city prosecutor, etc) is usually very, very suspicious of any attempt by the wife to halt a prosecution. Also, consider this: IF, they agree to halt prosecution this time, it makes it much LESS likely that they will take you seriously in the future. In other words... do you really want to go back toa situation where next time, they may not go forward with the prosecution, because they think you may back out?

I STRONGLY urge you to contact a women's shelter and abuse crisis center. Look in your phone book or contactthe state's attorney's office and ask for the victim/witness coordinator. They can give you referrals to agencies that can help.

Answer 2

A simple letter is an affidavit. It doesn't have to be all legalese. Get it notarized.

A man NEVER hits his wife only once. He will do it again and again. Just dump him now and save yourself 20 years of beatings and fear. It will never end. It never does. That's why the states pick up the charges, because they know how wife beaters work.

They know that 90% of the victims will drop the charges and get beat again, and drop the charges again, etc, etc. Courts are tired of dealing with repeat offenders whose victims drop the charges. It costs money to referee your dysfunctional relationship.