Can I petition to have a charge of simple battery dropped?

[NeedHelpInCobb]

Georgia, Cobb County

My wife and I had an argument last night. I ended up with 3 minor scratches when she tried to grab her phone which I was holding. I have had kitten scratches far worse. My bipolar daughter was in her bedroom when she heard me say call the police. I never intended for them to be called but called they were. They took her in and filed simple battery charges. I asked them not to do so because it was an argument that only slightly got a bit too heated. I am not a a victim of domestic abuse or simple battery. Not even close. We love each other and have 5 children together. We are under stress due to my 2year unemployment (looking hard but no one wants to hire a senior management scientist into any entry to mid-level position) and the fact that our rental home owner has not paid HOA fees and the house is being foreclosed by the HOA. We have to move and soon. She is a wreck, as I am. She is a wonderful mother and life mate. This incident, as minor as it was, is an anomaly.

This is ridiculous and a waste of court time.

Can I petition the judge to drop the charges? Any help is greatly appreciated.

 

[CdwJava]

As a domestic violence victim, you have virtually nothing to say on the matter at this point. The court will NOT entertain your ex parte communication, and it is not his or her call to drop the case in any event. What you CAN do is ask to speak to the prosecutor and see if there is anything they can do. Some prosecutors may drop or offer a plea deal if they have a reluctant victim/witness, or, they may ask you to sign something holding them and law enforcement harmless from any future violence that might occur before they would consider dropping charges or modifying them.

Bottom line is that the matter is out of your hands.

 

[quincy]

Georgia, Cobb County

My wife and I had an argument last night. I ended up with 3 minor scratches when she tried to grab her phone which I was holding. I have had kitten scratches far worse. My bipolar daughter was in her bedroom when she heard me say call the police. I never intended for them to be called but called they were. They took her in and filed simple battery charges. I asked them not to do so because it was an argument that only slightly got a bit too heated. I am not a a victim of domestic abuse or simple battery. Not even close. We love each other and have 5 children together. We are under stress due to my 2year unemployment (looking hard but no one wants to hire a senior management scientist into any entry to mid-level position) and the fact that our rental home owner has not paid HOA fees and the house is being foreclosed by the HOA. We have to move and soon. She is a wreck, as I am. She is a wonderful mother and life mate. This incident, as minor as it was, is an anomaly.

This is ridiculous and a waste of court time.

Can I petition the judge to drop the charges? Any help is greatly appreciated.

If you never intended for the police to be called, you probably should not have said "call the police" loud enough for your daughter in her bedroom to hear.

You cannot get your wife's charges dismissed by petitioning the judge. That said, and although battery is charged as a misdemeanor, it is possible that your wife's charge could be suspended, probated, deferred, stayed or the minimum sentence withheld (see link below), depending on the facts (which can include your testimony) and at the discretion of the judge.

A lot of people are under stress for all sorts of reasons but stress is not a good legal defense to abuse or battery - this whether the abuse is minor, or an anomaly, or not. Your wife would probably be smart to speak to an attorney in your area for help with her defense.

Here is a link to the law (as it was in 2010 - I am not sure if there have been changes):

http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-23-1