Newport News, VA asked in Criminal Law for Virginia

Q: can my spouse drop a domestic violence assault and battery charge against me

If my spouse pressed charges on me and I ended up getting a domestic violence assault and battery charge can she drop those charges against my in court if the incident happened in our home and not in public?

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1 Lawyer Answer
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Unfortunately, whether such an alleged assault occurred in your home or in public makes no difference. Your attorney may want to speak to your wife if she does not want to testify against you during your trial. She can't just "drop the charge" because the Commonwealth Attorney now has control of the case, not your wife.

Shemeka C Hankins agrees with this answer

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