Legal Question in Family Law in Georgia

Spousal Abuse and Divorce

My Sister's husband was arrested for assault and my sister is thinking about dropping the charges. She says she can get him to do a divorce and wants to drop the charges. Is it wise for her to do this? I feel that he will not volunteerly sign any divorce paper work. Does anyone know if he as assault charges and restraining order would give my sister more legal footing to get a divorce without his consent? Thanks


Asked on 4/10/07, 8:30 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Spousal Abuse and Divorce

Forgetting for a moment that dropping a criminal case could put her life in danger, making it extremely foolish (and it lessens her leverage in a divorce, not enhances it), people cannot drop charges. Criminal charges, no matter how they begin, are the State versus a Defendant, not her versus him, and she cannot decide to "drop charges." Only two people can - the prosecutor or the judge.

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Answered on 4/10/07, 8:42 am


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