Domestic violence refers to a critical issue that might lead to severe psychological and physical consequences for victims and their families. If one faces allegations of domestic violence in California, it is essential to learn about the options and the legal course.
If you are wondering, “Can domestic violence charges be dropped?” then know that it’s a common question out there! A primary worry for individuals confronted with such allegations is the potential dismissal of said charges. Let’s now explore the intricate truth surrounding domestic violence charges in California[1]!
How to get Domestic Violence Charges Dismissed in California
One of the key facts to consider when asking, “Can domestic violence charges be dropped?” is that in California[2], allegations of domestic violence are considered criminal cases, and therefore, the decisions to press the charges or remove them from the record are to be made by the state’s prosecutor, and not the alleged victim, even if it’s related to an intimate partner.
Can Victims Drop Domestic Violence Charges?
Although the desires of the victim are acknowledged, they do not possess exclusive power to dismiss the charges. This misconception often arises, causing perplexity and dissatisfaction among the parties involved.
Numerous legal jurisdictions, including certain regions within California, have implemented No Drop policies concerning domestic violence cases. Such policies underscore the relevance of the problem of domestic violence and it’s consequences[3] while being centered around public safety, regardless of whether the victim wants to press charges or not.
In this way, people who have committed a crime can be held accountable through the criminal justice system, regardless of the victim’s personal wishes[4], which can sometimes be clouded by the manipulation of the aggressor.
Factors Influencing the Decision to Drop Charges for Domestic Violence
Although the victim lacks the direct ability to dismiss charges, multiple factors can impact the prosecutor’s determination to proceed with the case.
For instance, when the victim actively participates in the investigation and legal proceedings, it enhances the evidential strength against the accused. Conversely, a lack of cooperation may undermine the case and influence the prosecutor’s determination.
Other than that, there are other important factors to consider[5], such as:
Conflicting oral and written statements
Whether statements are expressed orally or in writing by the victim, conflicting information has the potential to cast uncertainty on the specifics of the incident. This uncertainty could potentially sway the prosecutor to either dismiss or lessen the charges[6].
Consent from the victim
In certain instances, the prosecuting attorney might take into account assertions of consent made by the victim, particularly when the alleged action aligns with particular legal definitions, thereby further complicating the case.
No impartial witnesses
For a prosecutor, the absence of objective people, who could account for what happened, can be an obstacle to establishing some facts with high confidence, which, in turn, can become a determinant of the case’s dismissal.
Self-defense
In the case of self-defense or the prevention of some unusual danger, an accused person has an opportunity to change the final outcome of the case and possibly have the charges dismissed if they provide sufficient evidence for a claim.
An alibi for the time of the incident
An alibi – a claim that the accused of domestic violence was elsewhere when it all transpired – could advance the cause that the prosecution has made a mistake and the charges for domestic violence should be dropped.
Absence of Visible Injuries
Although it may not be a determining factor, the absence of visible injuries on the victim could lead to inquiries regarding the gravity of the situation and potentially impact the prosecutor’s judgment.
Insufficiency of proofs
In the end, the prosecutor must possess an adequate amount of proof to establish each aspect of the purported crime beyond any reasonable uncertainty. If the evidence is lacking or ambiguous, they may opt to drop the charges for domestic abuse.
The Role of a Defense Attorney in Domestic Violence Cases
Now that we understand the answer to the main question today, “Can domestic violence charges be dropped?” It’s time to recognize the magnitude of getting the right legal representation!
Successfully maneuvering through the intricacies of domestic violence charges and domestic violence laws in California can be a daunting task. It is imperative to have an adept defense attorney by your side. A Los Angeles domestic violence lawyer[7] with substantial expertise can:
- Offer legal counsel: They can clarify your entitlements, alternatives, and the potential repercussions associated with the allegations against you.
- Conduct an examination of the case: They have the ability to collect evidence, interview witnesses, and delve into potential defenses.
- Engage in communication with the prosecutor: They possess the ability to converse on your behalf and support the achievement of the most favorable resolution, which may entail dropping domestic violence charges or reaching a plea agreement. Communication is definitely the best way to convince the prosecutor to drop the charges!
Although it is not within the direct control of the victim to withdraw domestic violence charges in California or have domestic violence charges dropped once and for all, there are several factors that can impact the prosecutor’s determination to either pursue or dismiss them.
Individuals must comprehend that it’s not just a matter of how to get domestic violence charges dismissed, but also to navigate the legal field, which is not the easiest at times! It’s imperative to seek advice from a knowledgeable criminal defense lawyer in order to navigate this complex circumstance effectively. Contact us at Manshoory Law for more legal advice and help.
References
-
Manshoory, S. (2017, February 21). How to fight domestic violence charges in California? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/fighting-a-domestic-violence-charge/
-
Domestic violence laws. (2023, April 4). https://www.justice.gov/usao-cdca/domestic-violence-laws
-
Manshoory, S. (2018, June 11). What are the Consequences for a Domestic Violence? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-unintended-consequences-of-domestic-violence-laws/
-
No-Drop policies in the prosecution of domestic violence cases: guarantee to action or dangerous solution? | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/no-drop-policies-prosecution-domestic-violence-cases-guarantee
-
Factors in decisions on criminal prosecutions. (2015, April 15). https://www.justice.gov/enrd/selected-publications/factors-decisions-criminal-prosecutions
- National Institute of Justice. (n.d.). Solicitation for Research and Evaluation on Policing: Competitive Grant Announcement. Retrieved from https://www.ojp.gov/pdffiles1/nij/grants/194075.pdf
-
Los Angeles Domestic Violence Attorney | Manshoory Law. (2024, April 22). Manshoory Law Group, APC. https://manshoorylaw.com/domestic-violence/