Downey, CA asked in Criminal Law and Domestic Violence for California

Q: I charged my partner with domestic violence but it was a first time offense where authorities were called.

I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?

3 Lawyer Answers
Joseph Abrams
PREMIUM
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

A: The DCFS and District Attorney investigations are separate matters with different objectives. It's difficult to assess how dropped charges may affect the DCFS investigation - it's heavily dependent on the specific facts of the case.

- Law Office of Joseph Abrams, Anaheim, CA 92806

David Stephen Kestenbaum agrees with this answer

1 user found this answer helpful

David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were present during the incident. DCFS is unpredictable; they will insist that you get a Restraining Order against your partner if you want the children back.

Good luck!

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: You can’t just drop charges.

The legal system looks at The State of Ca as being plaintiff.

You have to convince DA to drop.

Coordinate with your lawyer.

An experienced lawyer know to get it dropped

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