I Got Arrested for Domestic Violence but My Spouse/GF/BF Doesn’t Want to Press Charges. Does That Help?
A victim of domestic violence is accused of being harmed or wounded by the defendant. The victim is frequently the one who phones the police to report domestic violence. The victim’s testimony could be used in the defendant’s case. Other evidence, including as medical records, images of injuries, police reports, and testimony from other witnesses, may be available to the prosecutor. In a domestic abuse case, however, the victim’s statement is frequently the most persuasive evidence.
The case will not be automatically dismissed if a domestic violence victim informs law enforcement and prosecutors that they no longer intend to file charges. Prosecutors have an obligation to continue working on the case if the police have obtained enough evidence to charge the offender and bring them to trial. They will not dismiss the lawsuit simply because the victim requests it. This does not, however, imply that victims have no say in the process. Victims of domestic violence are frequently the most critical witnesses. Without them, obtaining a conviction becomes considerably more difficult.
If a victim changes their mind, it appears that they may decline to seek charges for domestic abuse. That is not the case, however. When a victim or someone else calls the police to report domestic abuse, the situation is no longer in the victim’s control. Regardless of whether the victim wishes to press charges, law enforcement agents will arrest the suspected perpetrator if they feel a crime has been committed.
The victim can notify the prosecutor’s office that they do not want to bring charges. The victim’s influence over domestic abuse charges, however, is limited to that. The prosecutor is the only one who can decide if the charges should be dropped.
Prosecutors have lost a key witness in the absence of the alleged victim. When the victim refuses to cooperate, it is extremely difficult to obtain a conviction. This does not rule out the possibility that additional evidence has been acquired. Other witnesses, such as friends or neighbors, may still be available to testify about the alleged abuse. We might be able to persuade prosecutors to dismiss or reduce the charges. If your spouse wants the charges dropped, your lawyer could be able to get you a better deal than we could have gotten before.
If there isn’t enough evidence or probable cause, the charges may be dismissed by the judge. However, the victim’s desire for the charges has nothing to do with this. Once law police and the judicial system become engaged in a case, the victim no longer has the option of dropping the accusations or declining to file domestic violence charges.
Domestic violence arrests are not the same as protection or restraining orders. As a result, a victim may ask the court to rescind a protective order or an order of protection. If a criminal case is pending, however, the criminal case’s directives will stay in effect. As a result of your charges, the court may have imposed a protective order against you. This order may require you to leave your house and forbids you from contacting your spouse or partner. We can argue that the protection order is no longer necessary and should be dismissed if your spouse drops the accusations and recants their account.
If the judge imposed conditions on the defendant’s release, such as staying away from the alleged victim, the defendant must follow those rules. If you break the order, you could end up in jail again until your case is resolved.
Even if she lacks the authority to dismiss charges, the victim isn’t absolutely helpless. She has the option of asking the state or federal prosecutor to drop the accusations, but she is not required to do so. When determining the proper sentence, a professional prosecutor will usually take the victims’ requests into account, but the final decision will be made by them. The victim can talk to the prosecutor and explain why she wants the charges dropped.
