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Question
Posted by: DPP | 2011-01-17

Withdraw Criminal Charges

My X wife has (to date) denied me all contact to my minor child for 8 months in violation of a court order.

During this period I managed to convince the DPP to prosecute her on charrges of:
1) Violation of a court order
2) Section 35.1 of the children''s act
3) Sction 35.2 of the children''s act

Her attorney is now blackmailing me in the sense that they promise that my contact will be restored when I withdraw these charges.

The " blackmail"  is very subtle in the sense that a new settlement is proposed whereby my rightswill be will be negatively affected in relation to the original court order.

I have, been fighting for months to have her prosecuted for what she is (and have done) to my boy and I.

If I don''t withdraw I might not see my son for another year - I cannot afford advocates &  attorneys anymore to go to the high court.

CAN I even withdraw the charges? I was hoping that even though I apply to have charges dropped, the DPP will continue regardless....?

They say I must tell the DPP that I will not testify - can the DPP not FORCE me to testify?

Catch 22 : I want contact restored and that can happen if I withdraw, however, nothing will the prevent her from doing the same thing in a month or two?

Please help me....

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Our expert says:
Expert ImageFamily law expert

Withdrawing the charges is the prerogative of the State and altough you may request a withdrawal it is still up to the State Prosecutor to decide whether to do so or not. I suggest that you discuss this with the DPP. Secondly, the facts given by you could well be the crux of an High Court application to restore your rights. I would seriously consider lodging such an application if I was you. It could well be that the judge might refer the conduct of the attorneys to the Law Society. It is clear that the collective conduct of the ex and her attorneys are surely not in the best interests of the children.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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Our users say:
Posted by: family law expert | 2011-01-17

Withdrawing the charges is the prerogative of the State and altough you may request a withdrawal it is still up to the State Prosecutor to decide whether to do so or not. I suggest that you discuss this with the DPP. Secondly, the facts given by you could well be the crux of an High Court application to restore your rights. I would seriously consider lodging such an application if I was you. It could well be that the judge might refer the conduct of the attorneys to the Law Society. It is clear that the collective conduct of the ex and her attorneys are surely not in the best interests of the children.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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