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dropping charges

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tina

Junior Member
What is the name of your state?
Oregon

when you are having someone arrested for domestic assault and the children were present can you have the charges dropped without addmitting that it didnt happen. i wanted it to be on file about the abuse and to get a restraining order but not to have him arrested on a felony. i had my restraining order and thought he was going to contest it but he just wants to work out time to see the kids and will not contest the order. can i drop the charges?
 


gawm

Senior Member
Nope, once the charges are filed it's up to the DA. It is completely out of your hands now.
 
It's been my experience that the charges aren't really "yours" to drop. Once the DA gets hold of it all you become is a witness in the states case. You could always lie and say that whatever happened didn't happen but it'll make it all the harder next time he does whatever he did to you (and trust me, there WILL be a next time).

Also, I don't believe it's up to you whether or not he will be arrested on a felony - law enforcement makes those calls.
 

bononos

Senior Member
tina said:
What is the name of your state?
Oregon

when you are having someone arrested for domestic assault and the children were present can you have the charges dropped without addmitting that it didnt happen. i wanted it to be on file about the abuse and to get a restraining order but not to have him arrested on a felony. i had my restraining order and thought he was going to contest it but he just wants to work out time to see the kids and will not contest the order. can i drop the charges?
Should you have custody fighting down the line, you'll want him to be charged for this now.
 

HomeGuru

Senior Member
tina said:
What is the name of your state?
Oregon

when you are having someone arrested for domestic assault and the children were present can you have the charges dropped without addmitting that it didnt happen. i wanted it to be on file about the abuse and to get a restraining order but not to have him arrested on a felony. i had my restraining order and thought he was going to contest it but he just wants to work out time to see the kids and will not contest the order. can i drop the charges?

**A; are you serious? You are not charging him with anything, the state is. And even if you refuse to testify, the state will still proceed without you.
Get some counseling and help yourself and your kids.
 
Last edited:
tina said:
What is the name of your state?
Oregon

when you are having someone arrested for domestic assault and the children were present can you have the charges dropped without addmitting that it didnt happen. i wanted it to be on file about the abuse and to get a restraining order but not to have him arrested on a felony. i had my restraining order and thought he was going to contest it but he just wants to work out time to see the kids and will not contest the order. can i drop the charges?

Just in case you are 'toying' with the idea of getting back with your husband/boyfriend/SO.....

What Is Child Abuse?

Physical Abuse: Any physical injury to a child that is not accidental, such as bruises, welts, burns, cuts and broken bones.

Neglect: Lack of care that risks or causes harm to a child, including lack of food, clothing, supervision or medical attention.

Mental Injury or Emotional Harm: Harm to a child's ability to think, reason, or have feelings, such as cruel acts or statements, intimidation, rejection and indifference.

Sexual Abuse: Any incident of sexual contact including rape, sodomy, and fondling. Sexual exploitation, including use of children for pornography and prostitution.

Threat of Harm: Activities, conditions or persons that place a child at risk of abuse. Threats, domestic violence, and drug/alcohol abuse fall in this category
http://www.oregoncounseling.org/Handouts/ChildAbuse.htm#what is child abuse
 

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