Middletown, RI asked in Criminal Law for Rhode Island

Q: If a victim in a Domestic violence does not follow up with the complaint. Can the State presume with the charges.

The victim in this case does not want to proceed with the charges filed in this complaint. It is a third offense Domestic. She just wants the case to end and resolve her issues with her husband. She does not want anything done to her husband. They are charging him with 3rd offense Domestic. He has not had a Domestic in 14 years. Can the State still continue with this case without a victim? Or a victim who is not following up on the charges. Should he take this case to trial? This case is hurting his employment and housing. The victim want the no-contact dropped so they can fix there marriage, but the State is breaking this family apart. What should they do?

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1 Lawyer Answer
Neville Bedford
Neville Bedford
  • Licensed in Rhode Island

A: tHEy should 1) Retain legal counsel, 2) Stop whatever behavior has caused law enforcement to charge (and convict) tHEm of domestic violence. 3) Hire a lawyer, 4) speak only to that lawyer(Not on any open internet question board) to protect his 5th amendment rights. The victim may also want to consult with a divorce attorney.

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