A friend of mine had a spat with her boyfriend & he had been drinking & the argument got a little out of?
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A friend of mine had a spat with her boyfriend & he had been drinking & the argument got a little out of?
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control. He went so far as to damage her screen door & the gate. He took out all his anger on these items. A policeman was called & she filled out a statement. Well my friend wants to reverse any charges that were filed against the boyfriend. She asked me as to whether or not can the charges be dropped. I do not know the answer. He was charged with domestic violence & criminal mischief. Does anyone know whether it is possible for her to have the charges dropped ? They haven't gone to court yet. This has never happened before. She feels that had he not been drinking it would not have gone that far. The guy is basically a really good guy he was drunk. Things happen. Who can honestly answer the legal issue at hand here. Is it possible ? How does she go about getting it dismissed. Additional Details As I said in the paragraph earlier..My friend was not hurt by the boyfriend. He took his anger out on the gate & her screen door. Nothing more. The cop charged him with domestic violence, not her.
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raine
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I live in Illinois, my husband and I got in an argument, he broke the fan, and punched a hole in the wall. I called the police. The cops asked if i wanted to press charges and I said no. They arrested him anyway. The next day at the police station, I talked to one of the policemen there, who told me that the new law in Illinois was that in any case of domestic violence that even if the person (victim) didn't want to press charges, that the state automatically pressed charges. so the court hearing no longer had anything to do with me or whether or not i pressed charges, it was the state pressing charges against him. I don't know how it works in your friends situation. I just know what the cops told me pertaining to my own. |
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Bella
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Yes -she can drop it however if this turns into an ongoing issue and she ends up having to press charges will not have credibility with the police or the judge because she has allowed it to go on.
He will do it again because he got away with it. |
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Kelly R
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yes she can drop the charges and i think he would get a warning but domestic violence did he hit her if he did then she shouldnt drop the charges because he has to be punished for what he did or he will never learn from his mistake and act like that again. |
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hanabear
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She can drop the charges.
However, its not okay for someone to be physically violent (even with her belongings) when he's drunk.
That's like saying he raped someone, but only cause he was drunk- hey, things happen.
She needs to reassess the relationship. |
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Fire Pie
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In Arizona, someone goes to jail if the cops are called per DV, and it's the State that presses the charges. Heck, I was hanging out with a former b/f years after we broke up, and we got into a verbal fight and he pushed over a table and lamp, and because we were once a couple, it was still considered DV and he went to jail! (damn nosy neighbors!) He had to pay fines and go to anger management once a week for six months....at $40 a class and endure random UA's. Even the arresting cop wasn't going to do anything....until he found out that we once lived together. He said it was the law. |
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