How to Drop Charges of Domestic Assault

In days gone by, it was a relatively simple process to drop domestic assault charges.  The victim could have asked a prosecuting attorney to dismiss the case and have it dropped. Today, there are that allow a prosecuting attorney to proceed with a domestic assault case even if the victim wants to rescind the case. 

Materials

• Certificate of completion of anger management


• Defendant counseling documentation

1. Find out if your jurisdiction has a witness coordinator because many court systems have one. Make an appointment to meet with the witness coordinator. When you meet with the witness coordinator, explain why you want the case dropped and the reasoning behind your decision to dropped the case.  


2. Ask the victim witness coordinator if they will accept on action plan from the defendant. The action plan could include counseling, therapy with anger management. Use this plan to present to the prosecuting attorney in the hopes of getting the case dismiss. Of course, the defendant has to complete all the requirements stipulated.


3. Talk directly with the prosecuting attorney if your jurisdiction does not have a victim witness coordinator. Most prosecuting attorneys will gladly meet with the complaining witness if you request a meeting. 


4. Consider taking counseling or therapy to deal with your ordeal. Many victim witness coordinator ask the complaining witness to obtain these services.


5. Request a continuance of your case for a specific time frame. Your witness coordinator if agree will file the recommendation to delay the case.


6. Attend counseling sessions yourself and make sure the defendant does the same. This will show the prosecuting attorney that you and the defendant are taking steps to resolve your differences.


7. Set an appointment date to meet with the victim witness coordinator and the prosecuting attorney. If you and the defendant have met all the objectives agreed upon, ask the attorney to dismiss all charges.


8. Tell the attorney why the case should not continue. Emphasize that there is no longer a safety risk to you from the defendant and give the reasons why.


9. Show documentation that the defendant completed anger management and therapy. Have a report from the counselor so the court can review.


10. Wait for a response on the dismissal of your case, but understand that even though you followed all the steps outline the prosecutor does not have to drop the case. If the defendant had similar charges, this will make the case more difficult to drop.