If you have been arrested for domestic battery in West Palm Beach, Florida, you may think that it is ultimately up to your spouse or partner to decide whether to drop charges. However, that is not so. The final decision actually rests with the Assistant State Attorney (also known as the prosecutor) who has been assigned to handle your case.
Nevertheless, the prosecutor will still want to get input from your spouse or partner before deciding whether to file charges. Therefore, it is common for the prosecutor’s assistant (sometimes called a "victim advocate") to call your spouse in order to find out whether she wants charges to be filed. If your spouse states that she wants the case dropped, the advocate may try to convince her to pursue the case so that you have to attend domestic-violence counseling classes.
Other things that the prosecutor may consider in deciding whether to file charges include:
1. Whether you have previously been arrested for domestic battery.
2. Whether your spouse or partner was physically injured in the current case.
If you have been arrested for or charged with domestic battery in West Palm Beach, Florida, call me at 561-832-4348 so that we can discuss your case.