Say someone reports a domestic assault by a spouse to a cop in New York city but had a change of heart and decide not to press charges. Can the destrict attorny prosecute without the cooperation of the accuser.

If the officer withdrew the complaint, nothing would happen. If the officer decides that he wants to issue the complaint based on what he saw or heard, he can submit it.

Once it gets to the DA, it his ball. DAs typically have plenty to do so making charges in a minor scuffle wouldn't particularly excite him. However, if the DA felt it was serious enough for him to prosecute he can and by damn he should!

Where I live they normally don't drop it.There are so many victims that are forced into recanting. I think they can be held libel if they do and something bad happens to the accuser.

The laws on this changed about 4 years ago, once a domestic charge has been made, it is not suppose to be dropped, even if the person who made it wants to drop it.

Part of this was because after a few days, the abuser comes back and goes sweet heart you know I really love you and me kicking your teeth out is just how I show it, and her is he money I stole from you back when you were bleeding. And remember it was really your fault, you know not to talk to me doing the ball game. And then the other party goes, I know it was all my fault, and you did not beat me too bad this time.

Well now they want the domestic violence person to go to jail or at least be on probaton and get anger management.

Also it got where police would not even go to many domestic calls, they would say, it is just rosie again, she will drop charges by tomorrow, and we spend three hours doing reports.

So now if the officer sees any evidence of the violence at the scene, he HAS to either arrest or do a long report of why he did not arrest someone.
Now some officers still don't, but if they don't, and someone is hurt again there that night, the officer can be sued in civil court and held liable for the injries.

:) Obviously none of you never met a NYC Cop!

If you can picture a seriously upset Marine, no food or drink for 30 days, no women in the near vicinity for a radius of 2K miles and no hope for a shower.

You have a good day for a NYC Cop. It only goes down from there. Believe me, I met most of them in my youth, before there such a concept as "Rights"

They did what they wanted to when they wanted to and child molesters and wife beaters where never give the least bit of concern. Often, in our precinct, the 44, they slipped on the metal tipped stairs going from three to two. Been there done that. For me, I was the beginning of my education about respecting the uniform. But heck, I was a typical smarta## at the time. I quickly lost that habit!

Dear Bruise,

You are probably screwed, like the guy said, DV is a serious charge these days, I know. I called the police on my boyfriend and regret it, I could have used the 10grand we have so far paid in fines, and fee to pay off the debt we were fighting over, or to get him some private therapist to talk to. The system is great for serious abuser's but more and more, I feel people are con'd into thinking that the police will help you. They won't, your live will be turned upside down, depending on the charge and what you told the police. All you can do now is just spread the word, don't ever invite the police into your home unless you have serious reason to. In Women's Own Words (http://dvmen.org/dv-128.htm) check out this website for further info on what you are up against and how to proceed.
I am a fellow NYC'er and I hope that the NYPD has better things to do than seek you out. My spat with my boyfriend happened in Colorado where they are very tough on DV.

Dear Mothra,

Why in Heaven's name would you be willing to be the target of a beating?

Is this guy you are with so valuable to the world that it is okay for him to hit you?

I don't understand you, which is okay, but to blame the system for doing what it is supposed to do is silly.

IU am also a graduate of NYC, I'm from the Bronx. I can tell you my mother had no desire to to beat by our father when he was in one of his drunken rages. At 14, I threw my father down the stairs as an invitation to him to stay away.