Legal Question in Family Law in Georgia
simple battery/family violence act
I was charged with simple battery under the family violence act. If my wife does not follow through with the charges brought against me, will the state drop the charges?
2 Answers from Attorneys
Re: simple battery/family violence act
Usually,yes. But I have seen cases where the judge just continued the case to give the woman another notice of the court date. Consult with a local attorney.
Re: simple battery/family violence act
Generally speaking, when the victim, in this case, your wife, does not testify or does not want to present charges against you, the State can still go forward with the matter. It is not your wife's call to make usually, once the matter is in the State's Solicitor or D.A.'s hands. The State may have other evidence or the State may choose to go forward with a weaker case. In some of my cases, I have been able to get the charges dropped once I was hired to do the cases, but that is not to say that all cases with an attorney will have the same result.
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