When law enforcement is summoned to a domestic violence incident, the victim may choose not to press charges or dismiss the need to pursue the case further. However, dismissing charges is usually difficult once a criminal inquiry has begun.
People often file a complaint to the police about their partner but later decide to drop domestic violence charges.
In other instances, complainants state that they do not want their partner charged, yet the police still press charges.
The victim cannot have a domestic violence charge dropped once filed with the prosecutor’s office. But why not? Domestic abuse is a serious offense, and dismissal may be beyond the victim’s powers.
The criminal justice system is largely misunderstood: – Most people assume that crime victims always press charges, but it’s not often the case. The State resolves crimes, and the State, not the victim, files criminal charges.
In other words, you can’t cancel the charge because you didn’t issue it. The state (namely, the prosecutor’s office) will determine whether to pursue the case or dismiss the domestic violence accusations.
Keep in mind that, even if you aren’t the one who files the criminal charges, you will play a significant part as the case progresses.
Accusations are occasionally made out of spite, rage, or misunderstanding. Involved parties often want to reconcile when they have calmed down and settled the dust. However, domestic violence charges will still be pending in court in most cases.
While some complainants wish for the claims against their partner or a family member to be dropped, this is not always possible.
It is not always up to the victim or complainant to have the accusations against them dropped. If a criminal prosecutor is prosecuting the matter, the case may go to trial without the victim’s contribution or statement.
If the victim begs the prosecutor to drop the case, the legal team must evaluate if there is enough evidence to pursue the case further or whether the stress is worth it. After that, the charges can be dropped. It could, however, be based on the victim’s statement or the evidence produced for the case.
How to Get Domestic Violence Charges Dropped?
· The Victim’s Testimony
Often, there is insufficient evidence to pursue the defendant’s claim. If the victim refuses to testify or cooperate with the prosecution, the prosecution may have no choice but to drop the charges. If the victim decides to testify in favor of the defense party, the case may have little or no merit.
Due to a lack of evidence, the charges may be withdrawn. In these cases, the evidence and participation of the affected person are critical. If they do not want to take criminal action against the perpetrator, they can battle hard to withdraw the accusations.
· Supporting the Defense
If a domestic violence case goes to trial, the victim might have to work with the defense to drop the charges. It could demonstrate to the prosecutor that the victim of aggressive behavior will not support criminal charges or a conviction.
It is possible that by assisting the legal defense team, the case will lose strength or credibility. However, this is not always enough to compel the prosecution to drop the charges. It then becomes a matter of debunking the case’s evidence. The victim can generate complications for the opposing legal counsel if they testify for the defense.
· Disputing the Evidence
Witnesses in the vicinity may notify local police about domestic abuse incidents. The reports usually follow the two parties’ aggressive outbursts, passionate disputes, or noisy fights.
The alleged victim may be called upon to assist the defense in refuting evidence or witness comments. The victim can testify on behalf of the defendant, claiming that the event was merely about strong words or damaged furniture.
If violence was involved, the victim could explain that they started it. Working with a defense lawyer should help you disprove other evidence like bruising or broken bones, as well as hospital or emergency room visits.
It’s likely that by discrediting witness statements in a domestic abuse case, these people will be of little service or assistance to the prosecution. Some people may make fake statements or provide details for attention. Others may speak up out of worry, although they may not be directly involved in the incident.
When the witnesses are neighbors who have no real knowledge of what happened inside the house, they may present false evidence to the courtroom. The victim must cooperate with the defense to provide robust counter-arguments to neighborhood witnesses to drop the domestic violence charges.
Are you Trying to Get a Domestic Violence Charge Dropped? Make an Appointment with a Family Law Attorney.
Although dropping a domestic violence charge is improbable, you may be able to protect yourself and your children in other ways. If you’d want to learn more about your choices if you’ve been involved in domestic violence, you should contact a local domestic violence attorney today.