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Don’t count on a victim to drop domestic violence charges

| Dec 9, 2019 | Firm News

Domestic violence accusations are very serious, and they can lead to criminal charges. It is imperative that anyone who is facing criminal action because of these accusations get started on their defense promptly because there are many repercussions if you are convicted.

Several strategies can combat these charges, but there are some that you should never count on. One that falls into the latter category is trying to get the alleged victim to drop the charges.

Prosecutors decide on charges

Contrary to the belief of some individuals, the victims aren’t the ones who decide what to do. Once the prosecuting attorney’s office has the case, the prosecutor is the one who makes decisions about how to proceed. There is no authority given to the victim to determine that the charges should be dropped once they are picked up by the prosecutor.

Victims can sometimes limit participation

It is sometimes possible for a victim to refuse to cooperate with the prosecution in such a way that it will be very difficult for the prosecutor to move forward with the case. This decision has to be made carefully because the person could face legal action, such as contempt of court, if they refuse to comply with subpoenas and other court orders. This is a tough position for some victims to be in because they don’t want to see their alleged attacker facing life-impacting charges.

The matter of a protective order

In most domestic violence cases, the person who is accused of committing the violent acts might be served with a protective order. This forbids them from contacting the victim, which can make it impossible for the two parties to work through the issues and continue on as a couple. The person who was served with the order should never attempt to contact the other party, or accept communication from the other party, unless the court removes the protective order.

Domestic violence cases usually involve very intimate details. In some instances, these cases come down to each party’s word against the other party’s word. When you are working on your defense, you have to find the delicate balance between showing your side of the story and combating the other side’s claims. Consider how the jury will perceive your defense as you work on the strategy.