Q: Is it possible for a DV victim to have felony assault with intent to cause GBI and felony threats with intent dropped?
Someone I know has pending charges of assault with intent to cause GBI and felony threats with intent to terrorize. They have a DV prior in another state. Is it possible for the victim to have these charges dropped or would the state move forward regardless of victim participation. The victim did have cops come out and provided a statement. Offender is already a felon but not for DV.
A:
The district attorney's office has the right to proceed on the case whether or not the victim wants to go forward. However, 1219 of the code of civil procedure tells us that if the victim doesn't actually testify, they cannot be held in contempt of court and put it jail. The victim should contact a local attorney to discuss it further.
Good luck!
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