Legal Question in Criminal Law in California
If I want to drop the charges on someone how do I go about it. And if there is a restrating order on someone and you go see that person what could happen
3 Answers from Attorneys
You cannot "drop the charges." Only the District Attorney can file criminal charges; once they do, only a judge can dismiss them.
If there is a restraining order and you go to see the defendant, he or she could wind up with new charges.
At this point, the best thing is to talk to the other person's attorney. If they can't afford to hire a lawyer, the judge will appoint the public defender.
Do him a favor and leave him.
You sound like you are caught up in the vicious circle of abuse and your love for this person. You got a restraining order when he beat you, and the District Attorney filed charges. Now it sounds like you miss him and want to change your mind. This will start the dangerous cycle of abuse again. Only the District Attorney can request the charges be dismissed, and as pointed out by Mr. Marshall, the judge makes the decision to dismiss. Going and visiting him when you have a restraining order against him will just get him in more trouble, so Mr. Stone has a point here too. I suggest seeking counseling for victims of domestic violence that will help you get on with your life and meet someone who cares for you and does not abuse you. You can do it.
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