Can a spouse ask a DA to drop a complaint for domestic violence charges?
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Can a spouse ask a DA to drop a complaint for domestic violence charges?
My spouse was convicted of simple assault (I filed the complaint) against me, but appealed. Since then, we have successfully reconciled. Is there any way I can ask the DA to withdraw the complaint before the appeal goes to trial? Do I have to testify or can I refuse to?
Asked on July 13, 2011 under Criminal Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states in this country, domestic violence is a huge issue and the district attorney's office can listen to a request by a spouse who allegedly was a victim of "spousal abuse" to drop the domestic violence charges against the arrested spouse and then make the decision to do soor not.
Factors as to whether the district attorney "drops" or withdraws the criminal charges deal with prior incidents, the degree of any injury, type of weapon used in the alleged assault, whether minor children were present, whether alcohol or other drugs contributed to the "assault", reconciliation of the parties, voluntary counseling has been done by the person charged with the assault and the willingness of the "assaulted spouse" to cooperate at trial and testify.
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