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Q: As the victim, how can I get the charges of Domestic Violence Battery dropped?
A: The Office of the State Attorney has the sole power to decide whether or not to prosecute a Domestic Violence Battery charge or any other criminal charge. As a victim, the first initial step is to file a Waiver of Prosecution or a Request Not to Prosecute with the Office of the State Attorney. This waiver is a simple form and it usually asks what happened and why should the State drop the charges. Even with a waiver filed with the Office of the State Attorney, they ultimately decide if they should override the wishes of the victim and continue to prosecute. This typically happens if the defendant has a prior record or if there are injuries to the victim. Be careful to tell the truth on these forms as well. Because they tend to be sworn statements, they can open the door to charges against the victim for Filing a False Police Report. Consult or hire an attorney to be sure you are not violating the law yourself and creating additional legal problems. Call our office today to schedule a free consultation.