- 1). Schedule a meeting with the victim and witness coordinator. Most jurisdictions have an individual who serves in this capacity. Through such a meeting you will want to thoroughly explain the circumstances of and the reasoning behind seeking to have charges dismissed.
- 2). Determine if the victim-witness coordinator is willing to accept an action plan through which the defendant will seek counseling or therapy, including anger management. The objective of the plan will be to make a recommendation to the prosecuting attorney for dismissal--provided the defendant completes the necessary requirements.
- 3). Discuss these issues with the prosecuting attorney if there is no victim-witness coordinator in your jurisdiction. Because you are the complaining witness in the case the prosecutor's office will have a line of communication open with you. Prosecutors assigned to domestic violence cases routinely meet with complaining witnesses when requested. In the alternative, if you have an attorney, he or she can arrange a meeting on your behalf.
- 4). Obtain appropriate counseling or therapy for yourself. Odds are that the victim-witness coordinator is also going to want you to obtain some sort of supportive counseling or therapy. You need to follow such a recommendation.
- 5). Request a continuance of the case for a set period of time. If the victim-witness coordinator is on board, a recommendation can be made to delay further action on the case.
- 6). Complete your own course of counseling and determine if the defendant is done with his commitments as well. Keep in mind that there may be ongoing counseling sessions for both of you. However, it must be clear that a good faith effort is being made all around in regard to counseling or therapy.
- 1). Schedule a follow-up meeting with the victim-witness coordinator and the prosecuting attorney. Once both you and the defendant have reached the point where you have met the objectives previously agreed upon, the time arrives to formally request a dismissal of the charges.
- 2). Present your arguments as to why the case should be dismissed and the charges dropped. Focus on why your safety will not be at risk and what elements are in place to prevent another violent outburst.
- 3). Provide evidence documenting the fact that the defendant has completed anger management and that he either has or is continuing in appropriate therapy or counseling. The prosecutor likely will want a report from the anger management counselor and any other professional who is involved in the process.
- 4). Understand that in the end the dismissal of the case, the dropping of the charges, are not in your hands. Only by taking the outlined steps will dropping the case considered. Moreover, the defendant must not have other, similar charges and there must be no serious injuries in the current case.
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