Unfortunately, it is not always up to the victim or individual who reports a violation for charges to be dropped. So, the question arises can a domestic violence charge be dropped? If a legal prosecutor is involved, the case could go to court without the complainant ever having the chance to give their side of the story. Suppose the complainant begs the state’s attorney to dismiss the case. In that case, it is up to that squad to decide if there is enough proof to continue the case or if the worry is unwarranted.
People frequently seek advice from the justice system after filing a family violence claim with authorities but then changing their minds. It is also possible that the authorities will file a lawsuit even when the accuser has specifically requested that their spouse not be arrested.
Sometimes people make false accusations out of hatred, rage, or a failure to communicate. Despite the allegations of domestic abuse still being ongoing in the trial, disputing parties wish to reconnect once the smoke clears. It is not as easy as the accuser requesting the claims concerning their spouse or close relative be dropped.
How To Drop Charges Against Someone For Domestic Violence?
Hire an attorney
It is possible that the domestic abuse victim will not be able to get the charges dropped. Once the case reaches the court system, they may try to negotiate a plea bargain with the prosecutor or the defense attorney. The person’s explanation of the situation and why it should be kept out of the public eye could persuade the involved parties to enter into negotiated settlement negotiations. There may not even be a need for a verdict.
A criminal defense attorney is necessary when one wishes to get domestic violence charges dropped. To safeguard their interests, they will require the services of an attorney. In the event of a plea bargain’s viability, legal representation is essential for securing the most favorable terms.
Lack of evidence
In some situations, there may not be sufficient evidence to press charges against the defendant. Suppose the complainant is unwilling to cooperate with the authorities or provide testimony in court. In that case, the prosecutors may be forced to dismiss the case. It is possible that the case does not stand a chance if the victim testifies in favor of the defendant. Then, if there is insufficient evidence, the charges may be dropped. In such cases, the impacted individual’s participation and evidence are crucial.
The person may try very hard to get the charges dropped when they decide they no longer wish to initiate criminal proceedings against the offender.
Also Read: Disturbing The Peace Charges
It is common for intimate abuse cases to begin with concerned citizens reporting the incident to the police. Most of the time, this results from heated exchanges or outright physical violence between the involved individuals. Defendants may need the alleged victim’s assistance in discrediting witnesses or evidence.
Suppose the victim testifies on the plaintiff’s side. In that case, they may be able to show that the incident consisted merely of harsh words or destroyed furnishings. The plaintiff could have started a fight and testified to court about it if there had been an actual assault. The defense attorney can help you find ways to disprove evidence like bruises, fractured bones, and medical visits.
The state’s case against the accused domestic abuser may suffer if the witness testimony they receive is cast in a negative light. Some people may divulge details or make false comments to get notoriety. Concerned yet uninvolved bystanders may also voice their opinions. When friends who do not understand what occurred within the residence testify, they may give the court misleading information. To drop domestic violence charges, the complainant must diligently cooperate with the prosecution to provide the required rebuttal evidence against potential community testimony.
Supporting the defense
The domestic assault victim may have to cooperate with the defendant’s legal team if the matter goes to trial. As a result, the prosecution may conclude that the survivor of the violent act does not agree with the defamatory allegations or a judgment. Providing aid to the defense lawyer could weaken or discredit the prosecution’s case. However, more is needed to get the charges dropped by the state. The next step is to disprove the case’s premises. If the victim testifies on behalf of the prosecution, it could create difficulties for the prosecution’s attorneys.
Absence of visible injuries
Injuries are not always present when domestic abuse occurs. Domestic violence charges might be dropped against a defendant. Domestic abuse charges require proof of hurtful or objectionable contact that did not lead to physical injury.
Absence of independent witnesses
It is essential to have credible sources and testimonies in domestic violence cases. It is estimated that as many as 90% of all domestic violence cases are never documented. To be clear, police can still arrest someone at the scene directly relating to suspicions or evidence discovered there. Let us say there is no impartial witness and the statements of the parties and the witness are inconsistent. If that happens, the matter can be closed without further action.
Check Also: How To Drop Charges Against My Boyfriend?
Can a Domestic Violence Victim in West Palm Beach Change their statement?
However, victims might state their desire to have domestic violence charges dropped in an affidavit. They also have the option to retract their statement. It is recanting if you inform the police that your partner hit you but then change your mind. If your testimony was given under oath, this could have serious consequences.
How to get Domestic Violence Charges dismissed?
The next natural question is how to get domestic violence charges dropped if police are unwilling to drop the case. The case will be brought before a judge for a hearing in this scenario. A skilled criminal defense attorney will be necessary to represent you in this case, as they can conduct extensive cross-examinations of investigating authorities, complaining witnesses, and any other witnesses. This joint approach exposes holes or contradictions in the state’s case.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.