I put a assult charge on someone.?

Question

whats gonna happenin court. what happes if I drp it? and what happens if I keep it on? how do I drop it. Also when can you drop a restraining order? I put one on a couple days ago and wondered when I could take it off.

Answer 1

You will have to go to court when this person has his first court date. You will be sent a subpoena on when to appear. When they call his case you will be called by the prosecution. At this point you tell the District Attorney that you want to drop the charges because you no longer wish to proceed. You will also tell him that you want to vacate the order of protection. Under no circumstances just rip it up and ignore it.
The judge will ask you if you are aware of your situation and what your options are.
If you answer in the affirmative he will then dismiss the case.
But you should know, if you had someone arrested once because of an assault they might do it again.
At any courthouse they have victim's services, you should go and talk to a victim's advocate. They can explain the process in more detail!

The person above me is incorrect, during a simple DV case (domestic violence) you will get a supoena and you can get arrested if you don't appear, but you won't. And yes it's technically a crime against the people but no DA will go forward without a victim. It's a case that can not be won. If you don't show up at the court the judge will continue the case 3 to 4 times at the people's request. Which means that the person who you filed this complaint against will have to appear 3 to 4 times, in one month intervals. It's very time consuming! And not showing up won't vacate the order of protection. Even if you were to get arrested which of course you won't, they will not put your children into the foster care system if you have someone like family who can care for your children! People need to stop watching Law & Order!

sonbyrd, you might issue arrest warrants, I guess your county doesn't have that much crime going on! In my county we have a lot of DVs and nobody blinks twice when the victim doesn't show up. But obviously it depends on how serious the assault was. She didn't tell us whether it is a felony assault and if she got seriously injured. If it was a misdemeanor DV you know as well as I do nothing is going to happen. Furthermore, what do you accomplish when you arrest the victim? They won't testify for you, you're not going to win a conviction with a hostile witness. It does not do wonders for your conviction record!
I am, however, enjoying this conversation with you!

Answer 2

Why would you want to drop it? If someone assaulted you then they should pay. It would probably be a fine or a few days in jail, depending on how bad it was. In some cases the state will take over and you will not have a choice in the matter anymore. Don't press charges on anybody if there is a chance of you changing your mind down the road. This is serious and you shouldn't play around with some body's life.

Answer 3

If you wanna change your mind about the assault, all you have to do is not show up in court. After about three or four continuances, the charges are most likely to get dropped. Restraining orders are a lot different. They are not as easy to remove.

Answer 4

I am going to pretend you are a victim of the crime of Battery. You have come to talk to me about dropping the case. I say, no, we need to proceed. You tell me you love him, and you want to get back together again. In fact, you say, it was your fault. You pushed things to far, it wasn't him. You need him to help with the expenses of the family.
I would tell you what I have told hundreds of victims. If you drop the case, he owns you. He knows he can do whatever he wants and you will let him right back in. I would tell you that what we want is him on probation, and him having to take some anger management classes. Also, probably some weekend time, cleaning the freeways of litter. Lastly, we want a restraining order against him. It does not have to be no contact, just no negative contact.

As to the person saying just don't show up for court, we would personally serve you, and if you did not show up, we would have to arrest you. Kids would go to child protective service.....etc. Crimes are against the People of the State, not just the victim. The victim does not get to decide.

Edit--to Snizz. You are incorrect, we do issue warrants and do arrest victims and do hold them in custody. As to victims going sideways, as they often do, we often find it easier to convict with a sideways victim then when who is totally gong ho. That is the reality of Domestic Violence. they want to forgive.

Answer 5

It depends on the situation! If it is domestic then the police carry it on whether you carry it on or not, but if someone assaulted you then you should press charges! and what happens in court depends on the seriousness of the assault and if the person in question has previous convictions! x

Answer 6

assault in law is just threatening behaviour not actually physically touching them like threatening mail or something
if someone is bothering you put a restraining order to keep them awa and it is possible to take it off if the situation changes just phone or go to the police and tell them to remove it

Answer 7

why did you put a restraining order on someone. and just rip up the paper or just tell the judge you drop the charges easy

Answer 8

In maximum states your roomate could particularly could desire to evict you. frequently, if somebody facilitates yet somebody else to bypass in, whether or no longer they are on the lease or no longer, as a manner to get the guy out legally, they could desire to evict the guy. This frequently takes 30 days yet can take a shorter quantity of time reckoning on the situations. there's a probability the agency/individual leasing the apt/homestead could evict the two considered one of you. My advice is merely to get out till now this is going to become he stated/she stated and he comes to a decision to make something up and function you charged with something.

Answer 9

Obviously there was a reason that you filed charges against this person. If they are true, don't drop them. If they are false, come clean and tell the officers that you made it up.

Answer 10

Why would you want to drop it? Teach the person a lesson. If you did it, it was because you felt in danger. I did the same with my ex-husband and follow trough. Now he knows I don't play games and he has learn how to respect me.