my husband is being charged with assaulting me can i drop the charges?

Answer 1

You can drop the charges if you are the one who charged him in the first place. It is my guess though, that the District Attorney is the one that charged him with assault (since that is a criminal matter) rather than you, however.

"Charged" doesn't mean convicted. A trial will come up (unless he plea-bargains) and the judge will determine whether or not he is a danger to others (yourself included.)

Any man who would hit a daughter of God needs someone else to judge him. He clearly isn't capable of making rational decisions. And perhaps--the judge will make this ruling--you aren't either.

I can think of no reason why society wants to have a man who would assault his wife to not face charges.

If you'd hurt the person you love the most, what would you do to the people you don't particularly like?

If he's guilty--he should be prosecuted to the fullest extent of the law.

If he isn't guilty, the Judge will figure that out, and release him. In this country, we are "innocent" unless it can be proven otherwise.

Please don't do anything that would let this guy go if he did indeed assault you. I'm a smart-alec. People hate me. If the guy who loves you would assault you, can you imagine what he'd do to a kid like me that he hates? I shudder at the thought that he'd be free to walk the streets where I live!

Answer 2

UK answer here

As a complainant you can do whats called a CDtoP (complainant declines to prosecute) or a retraction statement. To do this your statement must be taken by a police officer.

I must add though that this does not mean he will not be prosecuted or that you would not be called to testify against him.

If the prosecution feels it is in the public interest (which with domestic violence they do!) then they may continue to prosecute with or without your statement.

If you are called then to give evidence you should go to court, you can tell the magistrate that you are reconcilled if thats the case.

Now the less palatable bit. From your question, I assume that your husband assaulted you and you made a statement to this effect.....why would you want to not go through with a prosecution?

Please speak to someone from Womens Aid or such organisation and get some statistics on women who CDtoP, then suffer numerous further assaults, and ask them how many women die each year as a result of domestic violence.

Please reconsider your decision...if you love your husband, a conviction will get him some help...retracting a statement will leave you high and dry till the next time!

Answer 3

Yes you can drop the charges.

If he has already been charged, then the Crown Prosecution Service can proceed with your written statement.

Most Crown Court judges will demand your appearance in court to explain why you reported the case. If it was a false charge then you will be charged with bringing false charges. If the charges were real, but you don't wish to give evidence, then the Crown Prosecution Service may proceed with the trial without your evidence.. If you fail to appear, you face 6 months imprisonment.

If you want to bring charges, then get on with it. If you don't, then I am sure the police have more important things to do.

You wonder why police are reluctant to answer calls to domestic proceedings, when people like you call the police to help them - then do not support them when it comes to court!

If you don't intend to pursue charges, then don't report them. You waste police time.

Answer 4

Did he do it? If he did why would you want to drop the charges? I have been there done that and it will never happen to me again. No matter how much you think it is a one time thing you are only kidding yourself.

It depends on where you live if you can drop the charges, some states yes others no.

Answer 5

I doubt it. Once the cops come into your home for an assault charge, "someone is going to jail". it's out of your hands, once a charge has been filed, or so I believe. My ex called the cops on me out of anger, and lied that I hit her. They took her to jail, tho, and charged her with assault for scratching me, even tho I didnt file charges on her. It's really all about the money they will get from fines and/or probation. You dont say here whether he really did assault you, Usually this is the case, But not always, In my case, it was she who had a fit, because she didnt get her way, and tried to punish me, and even did by scratching me. I wasnt hurt, and told the cops that. They felt they had to teach her a lesson, though, about using 911 to get even in her own mind because she is spoiled and evil. I am not trying to take away from the fact that many times it is the man, only trying to warn people that sometimes it is the woman who is troubled. Most people here are assuming without you saying so, that he did hurt you. Maybe so, but its just a sad truth that people always assume a man guilty without proof.

Answer 6

Sometimes, but because it might be regarded as a domestic abuse case, the State might take over and press charges directly. This is done to protect the woman who might otherwise be coerced into dropping the charges.

With stuff like this, it's really hard to put the genie back in the bottle.

Answer 7

Perhaps. If the DA gets involved, then they are bringing the charges - not you. You may be able to drop the charges if it doesn't get that far.

However, please seriously consider the ramifications of dropping the charges. It may be scary to follow through, but don't make the decision based on how you feel. Make the decision based on what you would want if it were YOUR DAUGHTER being abused.

Answer 8

I doubt it. The state in which you live in probably is the one charging him, that way you cannot change your mind and drop charges. Don't let your love for him blind you into forgiving him. He will just do it again. If he is out of the house, now is the time for you to pack up and get the heck out of there if you can.

Answer 9

If he's being charged under criminal law, then no. However, you can refuse to give evidence against your husband and I presume this will lead to the police withdrawing the case. They're not going to be well pleased with you, mind....

Answer 10

It depends on the law of your home state. Many states have made domestic violence crimes chargeable even without a complaining witness (victim) because of the nature of the crime. To find out, you should contact the district attorney's office in your city or county and ask to speak to the prosecutor who has been assigned the case.