Franklin Ohio Affidavit by Victim for Dismissal

State:
Multi-State
County:
Franklin
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

Keywords: Franklin Ohio, Affidavit by Victim, dismissal, types Franklin Ohio Affidavit by Victim for Dismissal is a legal document that allows a victim of a crime in Franklin, Ohio, to request the dismissal of charges against the accused. This affidavit serves as a formal statement by the victim outlining their desire to drop the charges and provides reasoning for this decision. There are several types of Franklin Ohio Affidavit by Victim for Dismissal, based on the specific circumstances of the case. 1. Franklin Ohio Affidavit by Victim for Dismissal — Misdemeanor Offense: This type of affidavit is used when the accused is charged with a misdemeanor offense, such as petty theft, simple assault, or trespassing. The victim can submit this affidavit to the prosecuting attorney's office, explaining their reasons for requesting the dismissal of charges. 2. Franklin Ohio Affidavit by Victim for Dismissal — Felony Offense: When the accused is charged with a more serious crime, such as robbery, burglary, or assault causing serious bodily harm, this type of affidavit is employed. The victim must provide compelling reasons for seeking the dismissal of charges and may need to consult with their attorney before submitting the affidavit. 3. Franklin Ohio Affidavit by Victim for Dismissal — Domestic Violence Case: In cases involving domestic violence, a separate type of affidavit exists. Victims of domestic violence can submit this specific affidavit to the court, detailing their desire to drop the charges against the accused. However, the court may exercise its discretion in determining whether to dismiss the charges based on the circumstances and potential risks involved. It is crucial for victims to understand that submitting an affidavit for dismissal does not guarantee automatic dismissal of charges. The final decision lies with the prosecuting attorney and the court, who will consider the victim's affidavit along with other relevant factors, such as the severity of the crime, the accused's criminal history, and the interests of justice. To prepare a Franklin Ohio Affidavit by Victim for Dismissal, the victim should consult with their attorney or seek legal aid to ensure the document is accurate, comprehensive, and adheres to the specific requirements set by the local court. The affidavit should include a detailed account of the victim's perspective, reasons for seeking dismissal, and any supporting evidence or documentation that strengthens their case.

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FAQ

It is a Tennessee criminal offense to knowingly violate an order of protection or a restraining order. To be convicted of a violation, the respondent must have received notice of the petition for an order of protection and must have had the opportunity to appear and be heard.

There are no fees for filing for a protection order. Domestic abuse, stalking, or sexual assault victims do not need have to pay to file, issue, register, serve, dismiss, appeal, or enforce an ex parte order of protection, an extended order of protection, or a lifetime order of protection.

In Tennessee, you can ask for dismissal of an existing order of protection by filing a simple one-page form with the county clerk for your jurisdiction. There is no charge.

A restraining order may be dissolved on motion by the judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.

A violation of an order of protection or no-contract order is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, and a fine between $100 and $2,500. When the protection order violation involves a firearm or assault, other criminal charges may apply.

There are two types of Orders of Protection in Tennessee: stop the specified conduct or threats of said conduct; stop all communication between the abuser and victim (note: a victim is subject to the order as well and are regularly found to be in contempt of court); stay away from the victim; and.

You can be forbidden to return to your own home or ordered to provide alternative housing for the Petitioner. You may also lose custody of or visitation rights with your children. It is on your public record forever. If the petitioner claims you violated the Order of Protection, you will be arrested.

First, you must file a petition with the Clerk of the Court at the city or county courthouse. The petition is reviewed by a judge who can issue an Ex Parte Order of Protection. The Ex Parte Order is a temporary order that provides protection from abuse for up to 15 days.

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Please contact the Delaware County Prosecutor's Office's Victims Services Unit at 740-833-2710 for assistance in filing these forms at no cost to you. Use our Guided Questionnaire to modify or dismiss a NCO in a criminal casehere.Party to an appeal may file a motion in the appellate court to dismiss the appeal. I am a victim in a criminal case and I want to drop the charges. Victims Reluctant to Participate in the Criminal Justice Process . Fill out the pro bono questionnaire, in which they certify to their exemption status. Fill out the form to access a sample of Practical Guidance. Place of the missing volume and page numbers. That practice makes sense only when the citing text will, at some later point, be revised to fill in the gaps.

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Franklin Ohio Affidavit by Victim for Dismissal