Domestic Violence – what if I don’t want my spouse prosecuted?
Prosecutor issued an order of protection against my husband after asking what I want and I said no, it is not necessary. This is after a domestic incident report including choking was filed. Is there any way I can fight this?
This following is legal information, not advice:
You have been warned by many others who have responded to your question about the dangers of trying to spare your husband the legal consequences of his domestic violence. They clearly make an important point.
But few have answered your actual question regarding whether there is anything you can do to prevent your husband from being prosecuted.
Even though you are the victim, whether your husband is prosecuted is not up to you. That is the prosecutor’s call. If you don’t want your husband prosecuted, and if there are no witnesses to the choking incident other than you, then without your cooperation in the prosecution and without your testimony against your husband, prosecuting him will be difficult, though perhaps not impossible.
If you don’t want your husband prosecuted and refuse to testify, it is possible for the prosecutor to compel you to testify, or at least try to compel you to testify, by holding you in contempt of court and having you jailed unless and until you testify. Such action on the part of the prosecutor, however, is a rare move in these situations.
Utah Family Law, LC | divorceutah.com | 801-466-9277