Victim's Rights Not to Prosecute, Gwinnett County, GA

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mellowchic

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If I had gone to take a TPO out on my husband, and was told by the police that I should file a statement and have pictures taken to create a paper trail in case I needed it in the future, but that they said I did not have to press charges, is there anything I can do to keep them from being able to use my statement to press charges on my behalf? I feel like they told me that just so they could have something to use without my permission. Even though I asked them not to, they issued a warrant, and he's on probation for a non-violent first offender's felony plea so he can't get in any trouble. I'm also wondering how much trouble I'd get in if I said I lied about it. If his arrest is what I'd wanted I would have gone to the police a week ago and asked for a warrant. We have the TPO hearing on Friday, and he hasn't been served the warrant or the TPO papers yet, but I could not get the officer who issued the warrant to drop the charges and I tried talking to the solicitor's office and they wouldn't help me. Aren't there any rights that a victim has in this case to not prosecute if they do not want to? And are there laws that would allow me as the wife to not have my statement entered as testimony if I did not wish to? He has not coerced me into wanting to have these charges dropped.
 
The state can prosecute the case even without you. They can also subpoena you to court to testify.

Perhaps you should try again to call the prosecutor handling the matter.

Keep in mind that since some 75% of DV victims recant within 48 hours, they are likely expecting you to change your mind. It is the nature of DV that victims will even risk charges of perjury to protect their abuser, and the abuser is more than happy for their victim to risk their freedom instead.

- Carl
 
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