What to do if my husband was arrested for domestic violence and I want the charges dropped?

UPDATED: Sep 30, 2022

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What to do if my husband was arrested for domestic violence and I want the charges dropped?

My husband called the police to have someone to talk to and ended up getting arrested for domestic assault against me. I told the police officer I didn’t want to press charges I mean its all a big misunderstanding. She still arrested him. He was never read his rights. He has a court date. I was given a copy of a subpeona to appear to testify which I don’t want to. I never signed; I received the subpeona either. What should I do? I called the DA they said I should go to tell them I don’t want to persue but I have been saying that the whole time and have been ignored.

Asked on July 31, 2017 under Criminal Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In such a case, it is up to the prosecutor to drop the charges, not the victm. If there is other evidence suffient enough to support a conviction, then it will go forward. Further, if a person is supboenaed, then they must appear in court. A subpoena is a court order and if it is violated, there can be fine or even jail time imposed. 

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