If my fiance was recently arrested for domestic violence, am I able to request the charges be dropped and/or the no contact order be lifted?

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If my fiance was recently arrested for domestic violence, am I able to request the charges be dropped and/or the no contact order be lifted?

I did not press charges on her; the police officers did. The judge issued a no contact order on her. We have a 17 month old son and live together, so this greatly complicates things. Is there any way I can file a petition to have the no contact order lifted and/or the domestic violence charge dropped?

Asked on August 5, 2012 under Criminal Law, Mississippi

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Typically, once a person has been arrested and charged with domestic violence, it will be up to the prosecutor to determine if the criminal charges will be dismissed or not. This will be based upon whether or not they have sufficient evidence to proceed with the case with or without your testimony against your fiance. If you decide not to testify, or communicate your unwillingness to proceed with the prosecution to the prosecutor, then often times they will have to dismiss the charges for insufficient evidence to proceed.


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