Can a domestic violence victim dismiss a case?

Rispoli & Borneo P.C.

Transcript:

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This is one of those yes and no answers. When a domestic violence incident occurs, typically two different cases start. One is in the family part and that involves the restraining order. The second is in the criminal division and that obviously involves the criminal charges. A victim in a domestic violence case can go to the family part and request that the court dismiss the restraining order. The court will want to make sure that the victim is doing so freely and voluntarily, but they do have the discretion to dismiss the

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restraining order. When it comes to the criminal charges, the victim does not have that same discretion. The prosecutor who’s prosecuting the case for the state ultimately has the discretion to either move forward with the case or to dismiss.

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