Canton, OH asked in Domestic Violence for Ohio

Q: My husband is on a f3 dv. I have charges pressed on him. Can i drop the charges so he can see his kids.

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Domestic Violence Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: No, you cannot. The decision whether to pursue charges is the prosecutor's. Once you've reported the alleged facts to police, that decision is out of your hands. An uncooperative witness can be a big problem for a prosecutor in a DV case, but, if you do not cooperate, you run the risk of being arrested yourself, or, if you recant a statement or testify falsely of being charged with falsification or perjury.

Your husband needs an attorney. It may be possible to alter the terms of the TPO to permit visitation with his children, or to drop the TPO altogether. However, the prosecutor will likely oppose dropping the TPO.

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