Q: My wife got charges on domestic battery which is unnecessary,when i specifically told an officer that I didn't want any?
I think its unexpected an inhuman that a small argument would become a criminal case. Not harm has been done an my wife an I are back in good terms.
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- (702) 463-4900
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- Answered
A: In domestic violence cases, the decision to press charges often rests with the state, not the victim. Even if you don't want to press charges, the prosecutor can decide to move forward with the case.
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- California
- (916) 704-3009
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A: In California, once law enforcement responds to a domestic violence call, the decision to arrest and charge an individual often rests with the officers and the district attorney, rather than the reporting party. Even if the victim does not wish to press charges, the state can still proceed with a case if they believe there's sufficient evidence of a crime. This approach is based on public policy concerns, including preventing potential future incidents and protecting victims who may feel pressured to recant. If you and your wife are seeking to have the charges dropped, it may be helpful to communicate your wishes to the district attorney's office. However, the final decision will be theirs. You and your wife should consider seeking legal representation to navigate the situation and understand the potential outcomes.
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