Q: I am going to an omnibus hearing where Im the victim of domestic assault. I want the case dismissed. What are my odds?
The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best case scenario and worst case? I have met with the county attorney and told them I'm looking for my wife to be released and danco dismissed. I've scheduled therapy and counseling and just want this to go away.
A: No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important, but the strength of the evidence against your wife is far more important in terms of what is going to happen in this matter.
A: In my experience, prosecutors rarely dismiss a domestic assault charge before the trial date. And when they done so on the trial date, often a big reason was the prosecutor's victim refused to cooperate by showing up. On the other hand, when it comes to the pre-trial No-Contact Orders (including DANCO), sometimes judges have dropped those based upon the alleged-victim's request; often helped by additional reasons (example: quitting alcohol).
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