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My husband faced an arrest for domestic violence assault, can I drop the charges against him?

Me and my husband got into an argument and things got out of hand. We've been married 5 years and he never has hurt me physically or anyone in his life and has never had any type of criminal record. I don't know what got into him but he lost it and ended up slapping me which left a bruise on my face. The neighbors heard the commotin, the cops arrived, and my husband was arrested on the grounds of domestic violence. We spoke on the phone and I want the charges dropped cause I don't want this to cause an issue with his employment and I think we can work this out. Is it possible to do so? Should I hire a domestic violence attorney?

Answers (1)

Domestic violence laws have become more strict across the United States as the serious nature and frequency of these cases has been increasing over time. In the early 90s and before, many states had allowed domestic violence diversion programs where the charges would be dropped upon the spouses consent, and with the domestic violence suspect confessing to their crime and apologizing. With a diversion program, no charges or domestic violence convictions get filed, and rather counseling along with self help classes are administered in an effort to defuse the problematic situation.

Some states found this to be successful while many have not as several domestic violence cases with suspects in the program became repeat offenders. Thus, several states have dropped this program and only a few still offer it. (Pennsylvania, Kansas, Oregon, Washington)

Unfortunately, once a domestic violence incident is reported and starts being handled by the police, it is no longer you vs. your husband, and rather the State vs. the Suspect. It is not likely to get the charges completely dropped and legal action will be aggressively pursued.

You can attempt to speak to the district attorney or hire a domestic violence attorney in an effort to resolute the situation. This may at the least allow reduced domestic violence sentencing for your husband. A domestic violence conviction is a general term which covers a number of different charges such as: child abuse, harassment, and assault. He can either face a domestic violence misdemeanor or felony depending on the seriousness and number of the related crimes that occurred with the incident.

Each state handles domestic violence cases differently so you should speak with a licensed attorney in your state.

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