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I am going to court in 2 weeks for hitting my kids father and..

I want to know is there anyway my kids father can drop the case? I dont understand this because he never pressed charges so why am I am going through this? If I am found guilty I can get locked up for 1 year! I am scared.

Answer Question

Asked by Anonymous at 10:58 AM on May. 6, 2009 in Relationships

Answers (15)
  • The District Attorney probably filed those charges against you. It would be up to him/her to drop the charges against you.

    Is this your first offense?

    Answer by Anonymous at 11:01 AM on May. 6, 2009

  • I am glad they are continuing the case. There is never a reason to hit someone. Maybe this will force you to get the help you need so you do not escalate and harm him worse or harm your kids. If this was a man people would be jumping all over this. They press charges anyway because they know many victims of abuse are too afraid too. Instead of feeling like a victim yourself seek help. Maybe that will influence what happens in your case. You owe it to your kids to not be an abuser. Hitting one time makes you an abuser.


    Answer by Anonymous at 11:08 AM on May. 6, 2009

  • To protect the victims of domestic violence the states took the charging of the crime away from the victim and gave it to the state. You committed a crime of the state (assault/battery). When it was a woman as the victim, if she didn't drop the charges the abuse would be worse for her. He'd beat her up again. So many women dropped the cases and there were not many prosecutions go through. To keep that from happening and wasting the tax payers money, they changed the laws. So it doesn't matter if your guy wants to drop the charges or not. The crime itself is against the state not him. If you are found guilty of the assault/battery then yes you can serve time. If this is your first offense they may just give a protective order and you can't be around him. Not sure how'd they would handle it if you live together. You need to ask your attorney

    Answer by admckenzie at 11:18 AM on May. 6, 2009

  • I don't agree with the last answer people make mistakes. I don't think you were right violence is not the answer but I know mistakes happen. But I think you should own up and be remorseful, seek consuling now so that when you go to court it will at least apear that you have taken responsibility for your action.

    Answer by Anonymous at 11:20 AM on May. 6, 2009

  • I know what you did is wrong,but can you get an attorney?Talk to the attorney and tell them if you can work out a deal .Tell them you are willing to go to counseling and do community service.

    Answer by Anonymous at 11:20 AM on May. 6, 2009

  • The biggest misconception people have is that another civil citizen files or presses charges. That's simply not true. The officer or the prosecuting attorney files the charges. You may not be charged right away, but once the officer's report is reviewed by the prosecutor, you may be sent the paperwork in the mail with direction to appear in court.

    The misconception probably occurs because officers often ask the victim if they want to pursue the prosecution. But they don't have to, and it's solely at the discretion of the arresting officer.

    Only the prosecutor can dismiss the charges, and they will only if there is no evidence or there are other circumstances. Also, most jurisdictions require an automatic no contact order to be put in place. More people get in trouble for violating the no contact order, and compound their problems.


    Answer by Busimommi at 11:29 AM on May. 6, 2009

  • well yes its my 1st time, and i do have a no contact order for me not to see him but we live together but i am staying with my mom but I have seen him because he has to get the kids from me. Can I get in trobble for this?

    Answer by Anonymous at 12:07 PM on May. 6, 2009

  • If this is your first offense and he doesn't want to testify against you, it will probably get put on stet docket. If it gets put on stet docket, it can be brought back against you at anytime during that year if you get into more trouble.


    Answer by legalmommy101 at 12:08 PM on May. 6, 2009

  • He has to testify aganist me because he got a paper that says "Subpoena for witnesses"

    Answer by Anonymous at 12:26 PM on May. 6, 2009

  • consequences are a bitch huh? Live and learn..dont do it again...if you go to jail then its what you have to deal with because you acted irresponsiblly and immaturely

    Answer by Anonymous at 12:41 PM on May. 6, 2009

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