What can I do about false charges about to be filed against my fiance regarding alleged domestic violence?

UPDATED: Sep 29, 2022

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What can I do about false charges about to be filed against my fiance regarding alleged domestic violence?

I called the police 1 night because my fiance and I were fighting and I got mad, so I left. I drove about 15 minutes from my home, so I was not in any danger. I was just upset so I called the cops and asked for only an escort, not to say that I was being abused and certainly not an arrest. I just wanted some of my items from my home that was it. I did have a busted lip that had not happened from my fiance and I told them that. I then went to the prosecutor and told him face to face that nothing happened, that I never said I was hurt, however he will not listen to me and said he wants to keep the charges, which are false.

Asked on October 7, 2015 under Criminal Law, Indiana


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

Answered 7 years ago | Contributor

As you are finding out, whether or not to drop a case i.e. prosecute it rests with the state and not with the victim. So the case against your fiance may be prosecuted even if you object. Now the state's case would be stronger if you cooperated but if there is other strong evidence to support the charge, the case can still go forward.  
That having been said, an experienced criminal law attorney may be able to use the fact that you do not want to cooperate with the prosecution to obtain a favorable result for your fiance. They may possibly even be able to get the cased or at least get the charges reduced. 
Note Many times prosecutors are unwilling to drop these types of cases since they do not want offenders to think that they can intimidate a victim and can get away with their actions.

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