Legal Question in Criminal Law in California

Re: Question

The prosecutor does not have to have the consent of your spouse to move forward with domestic violence charges and your spouse does not have the authority to require the prosecutor do drop the charges.

Convictions for felonies and/or misdemeanors can affect your immigration status.

Re: Question

The disrict attorney decides which cases to bring, not the victims. When victims strongly prefer to let a matter drop, the D.A. will often yield to their wishes. In domestric violence cases, though, D.A.s often see victims who try to recant because they have been threatened or intimidated; this makes them more determined to prosecute and not less.

No one can just "take back" a report they have made to the police, at least not in the sense of having it erased from the record. It is possible to say that the initial report was not correct but, since filing a false police report is a serious crime, this doesn't happen often. Even when it does, the jury gets to decide whether the victim's report was truthful or not.

Either way the charges will not "just disappear" and your arrest will remain on your record. Arrest records are not public information, while convictions are. If you are acquitted or if the charges are dropped, having this arrest on your record record probably won't have much of an effect on you.

Whether you can be deported for this depends upon your immigration status, what the charges are and how the case is resolved. You might want to post this question in the Immigration Law section if you want a more detailed response.