Q: Can the cops prosecute my husband for domestic violence even if I don’t want to prosecute?
About 3 days ago I reported my husband for domestic violence. He was drunk and pushed me against a wall, tried punching me but missed, he then slapped me and left me a small red mark on my face.The cops came and took a report, I answered all their questions and they took photos and said a detective will contact me. My husband had left on foot before I contacted the police.
I have not spoke to my husband in these past 3 days, I have not seen him and I moved out with out two kids the day after I filed the report. Since he has not bugged me and I have moved I do not want to press charges. Will the police force me to go forward with these? Or can I simply say I do not want to press charges and move on?
Also, do the detectives call or come to the house? I’m not sure if they have gone to the house since I have not received a phone call from anyone.
We love in Los Angeles if that makes any difference in this case.
A:
Yes. In the criminal case, the district attorney’s office can choose to prosecute with or without the cooperation of the victim.
As a victim, you do have several state constitutional rights as a victim, including the rights to be consulted and notified of proceedings in the case. If you have questions about this, Peace Over Violence in LA provides pro bono assistance to victims of domestic violence, and the LA County Bar has programs as well.
Good luck and stay safe.
A:
THE SHORT ANSWER IS YES THEY CAN PROSECUTE HIM WITHOUT YOUR WANTING TO DO SO.
THE STATE OF CALIFORNIA IS THE VICTIM NOT YOU.
THERE ARE THINGS YOU CAN DO BY RETAINING A LAWYER AND HAVING YOUR LAWYER WORK WITH HIS LAWYER AND THE DA TO MAKE THIS HOPEFULLY GO AWAY.
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