Legal Question in Family Law in Minnesota
I have a question about my husbands case.
My husband had assaulted me a lot of times and sometimes even used physical force on me. and i called police. He got arrested for Domestic assult (the lowest one) and went to jail for couple days. He then paid bail $5,000 to get out.
He had the court trial the same day he got out from jail. The judge gave him a no contact order.
Now he has court next friday and Im not going to the court but They sent me a letter from court asking me to write if i would like to press any charges and etc. I wrote that i dont and i believe that our marriage can still work out and he just needs counseling. .I wonder if they will take the "no contact" order off of him.. or what does usually happen?
1 Answer from Attorneys
Only a prosecutor candecide to dismiss charges. They may proceed forward whether you wish charges or not. If you refuse to testify, the prosecutor may seek to admit at trial statements to police. Of course, the state's case is significantly weakened by a reluctant victim which makes a plea agreement for a lesser charge possible.
A Judge need not remove a no contact order if opposed by the prosecutor. Whether it occurs may depend on past violations and the nature of the assault.
For Minnesota criminal defense visit criminal-law.tv
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