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?


Asked on 7/21/09, 1:33 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

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.

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Answered on 7/21/09, 1:36 pm
Ms. Tran Lankford Tran Lankford, Attorney at Law

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.

In responding to your question in this matter, the Firm is not expressing an opinion on whether you will ultimately prevail if legal action is pursued. You should not refrain from seeking legal assistance from another firm if you desire another opinion. Because time is always important, and could be critically short in your case, you may wish to seek another opinion as soon as possible.

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Answered on 7/21/09, 2:06 pm


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