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Affidavit Of Non Prosecution Domestic Violence Form for the United States

Affidavit Of Non Prosecution Domestic Violence Form Template for United States

An Affidavit of Non-Prosecution for Domestic Violence is a legal document used in United States jurisdictions where a complainant formally declares their desire to withdraw or not pursue domestic violence charges. This sworn statement, while considered by prosecutors, does not automatically result in case dismissal as domestic violence cases are prosecuted by the state rather than the victim. The document must comply with both federal and state-specific requirements regarding affidavits and domestic violence laws.

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What is a Affidavit Of Non Prosecution Domestic Violence Form?

The Affidavit Of Non Prosecution Domestic Violence Form is utilized when a complainant wishes to formally document their decision not to pursue criminal charges in a domestic violence case. While common in U.S. jurisdictions, this document doesn't guarantee case dismissal as domestic violence cases are prosecuted by the state. The affidavit typically includes details about the original incident, the reason for non-prosecution, and must be notarized. It's important to note that signing this document must be voluntary and free from coercion.

What sections should be included in a Affidavit Of Non Prosecution Domestic Violence Form?

1. Header Information: Court information, case number, parties involved, and jurisdiction details

2. Affiant Information: Legal name, address, contact information, and relationship to the case

3. Statement of Facts: Detailed account of the incident, circumstances, and current situation

4. Voluntary Statement: Declaration that the affidavit is being made voluntarily and without coercion

5. Notarization Block: Space for notary verification, seal, and date of notarization

What sections are optional to include in a Affidavit Of Non Prosecution Domestic Violence Form?

1. Counseling Declaration: Statement regarding completion of counseling or therapy programs by involved parties

2. Child Custody Statement: Information regarding minor children involved and current custody arrangements

3. Prior Incidents Declaration: Statement regarding any previous domestic violence incidents or reports

What schedules should be included in a Affidavit Of Non Prosecution Domestic Violence Form?

1. Original Police Report: Copy of the initial incident report filed with law enforcement

2. Protection Order: Copy of any existing temporary or permanent protection orders

3. Counseling Records: Documentation of completed counseling or therapy sessions

4. Photographic Evidence: Any relevant photographs or visual documentation related to the incident

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Clauses




















Industries

Violence Against Women Act (VAWA): Federal legislation that provides comprehensive protection and resources for victims of domestic violence, including criminal justice responses and victim services

Federal Rules of Evidence: Guidelines governing the admission of evidence in federal courts, particularly relevant for victim statements and affidavits

Full Faith and Credit Provisions: Federal requirements ensuring that protection orders are enforced across state lines and jurisdictions

State Domestic Violence Statutes: State-specific laws defining domestic violence offenses, penalties, and victim protections

State Criminal Procedures: Procedural rules governing criminal cases at the state level, including requirements for case dismissal and victim statements

State Affidavit Rules: State-specific requirements for the format, content, and execution of legally binding affidavits

State Victim's Rights Laws: Legislation protecting victims' rights throughout criminal proceedings, including the right to be heard and consulted

Local Court Rules: Jurisdiction-specific requirements for document formatting, filing procedures, and court processes

Notarization Requirements: Legal requirements for document authentication through notary public verification

Filing Procedures: Specific protocols for submitting legal documents to the court, including timing and format requirements

Witness Tampering Laws: Criminal statutes prohibiting interference with witnesses or victims in criminal proceedings

Criminal Coercion Statutes: Laws addressing forced or coerced statements or actions in criminal cases

Victim Recantation Laws: State-specific provisions governing the withdrawal or modification of victim statements

Mandatory Prosecution Policies: Jurisdiction-specific policies regarding the prosecution of domestic violence cases regardless of victim cooperation

Brady Disclosure Requirements: Legal obligations to disclose exculpatory evidence to the defense, including victim statements and affidavits

Teams

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