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Question Details: My husband has been charged with assault with intent to injure. Can I as the victim get the charges dropped or withdrawn?
Filed under Criminal Law | 5045 View(s)
Community Law Wellington & Hutt Valley
You can tell the Police that you want to drop the charges, but in the end it is up to the Police whether they prosecute your husband or not.
As the survivor of the you are of course the primary witness in the case. If you have given a statement regarding the assault, the Police can use that in court even if you decline to give evidence once you are in court at the hearing - this is known as being a hostile witness.
You may find assistance from the courts victim advisors service. Click here for more information: www.justice.govt.nz. They can pass on your wishes to the Police and the Court.
The following link may also be helpful: www.communitylaw.org.nz.
You might also want to drop in to or call your local Community Law Centre to talk about the process, and about other options you have. Find your local Community Law Centre here: www.communitylaw.org.nz.
You should also be making a safety plan, possibly including a protection order. On the Women's Refuge website you can read about some support options - including options like safety plans to improve your safety even if you are still living with your husband. The Women's Refuge website allows you to hide your visit in your browser history if you would like to: womensrefuge.org.nz. You can also call 0800 REFUGE for advice.
Answered 18 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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