Ex Parte order

North Carolina Divorce Law Divorce and Separation Answers
1

Hello, I have a question regarding myself and the defendant who i have an order against and who has been charged with assault on a female.

  1. once i go to trial, i may decide to drop the charges of “assault on female”, and wanted to know could I have the defendant got to anger counseling instead. i do believe that he is not a threat to society, nor himself, or our child but does need help?

  2. how does that look to the court if I drop the charges?

  3. i do have a child with the defendant and of course if he works i receive child support, but if he has that conviction if convicted on his record, well some companies of course will not hire you.

2

I cannot advise you as to whether or not the DA will drop the charges against defendant. In criminal matters the State has the ultimate decision in deciding whether to prosecute, not the victim.

3

thanks. I am assuming i will find this out at the trial if they decide to prosecute even if i decide to not prosecute?

4

Yes, but you may try and contact the ADA working on the case prior to trial.