Q: Can a domestic battery charge be dropped ?
Me and my boyfriend got into a heated argument one night and i was in the closet getting clothes for my younger son. My boyfriend was talking to me asking me why was i getting my son clothes. He walked up to me and grabbed my arm to pull me out the closet to look at him and i tripped and we both fell. Bc of the fall I bit my lip he never touched me besides trying to get my attention but i did kindof slap his arm when we got up. I was so furious that i called the police and reported as domestic violence but i actually dont understand the serverity of domestic violence. Now they have put us both with 3rd degree battery for him and 3rd degree assault for me. But it wasnt anything extent to be like that i was just mad and called the police and said domestic violence.
A: It is entirely possible that the case(s) will be dropped (referred to by the legal term "nole prossed"). This often occurs when the alleged victim is uncooperative, there is a "mutual combat" situation, and/or other factors are considered (such as a medical diagnosis which limits an individual's ability to fully control their actions, such as Alzheimer's with combative manifestations). Many prosecutors will consider taking the case "under advisement" for a certain period of time prior to doing so (such as 90 days/6 months/etc.) and may have certain requirements including no additional charges being filed in that time period and/or completion of a Domestic Violence Intervention Program (often referred to as "DVIP"). Obviously, that all is very specific to each individual case. A Defendant with extensive prior criminal history and/or violent history is less likely to get that treatment than others and the individual prosecutor(s), judge(s), and defense legal counsel involved all can make that outcome possible or completely inaccessible.
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