Can Domestic Violence Charges Be Dropped?

 

Domestic violence accusations should be taken very seriously. Sadly, it isn’t unusual for a perpetrator to make allegations against the abused. If this happens, the actions you take after you’ve been charged can help to clear your name and protect your reputation. This article is written to help our US readers. 

Domestic violence law professionals advocate that it’s in the defendant’s best interest to hire a criminal defense attorney when charged. 

 

Florida Domestic Violence

Florida law defines domestic violence as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence is one of the most commonly committed crimes in Florida, and that’s why the law treats it as a serious violent crime.  The number of domestic violence cases increases each year in the U.S. However, being charged with domestic violence does not automatically mean you’re guilty. Click here (https://strolenylaw.com/domestic-violence/) or read on to learn legit reasons why domestic violence charges are dropped. 

 

Why Do Domestic Violence Cases Get Dismissed?

The following are some of the most common reasons why domestic violence charges are dropped or dismissed:

Lack of Evidence

If the evidence found against the defendant does not corroborate the alleged victim’s story, then it may not be enough proof to warrant a conviction. When prosecutors cannot find enough credible evidence, they can drop the case.

False Accusation History

Domestic violence charges should always be taken seriously, but false accusations create significant problems for the person wrongly accused and the prosecutor. If a prosecutor discovers that the accuser has a history of false domestic violence allegations, this can strengthen the defense’s position, leading to a possible dismissal of the charges. 

Accuser Breaks The Rules

Once domestic violence charges are processed, the prosecution will advise the accuser to avoid contact with the accused and appear for trial to provide testimony. If the witness willingly goes against what they’re told, the prosecution may not be able to prove the charge, resulting in a dismissal.

Invoke The Fifth Amendment 

Accusers may realize they could be charged for their role in the incident and invoke their Fifth Amendment right against self-incrimination. If the prosecution is unable to present a cooperating witness, the case could be dismissed.

Erroneous Reports

Some cases of domestic violence are the result of a misunderstanding. For example, if an onlooker overhears or observes an argument and calls the police, an arrest may be made, even though you and your partner know it wasn’t domestic violence. 

Common Domestic Violence Defenses

Each domestic violence case is unique. The circumstances involved should determine which of the following common defenses against domestic violence charges that your attorney explores in your defense: 

  • The accuser is lying.
  • The accuser attacked me, so I reacted in self-defense
  • I am innocent of the charges
  • It was an accident, and things escalated, but the alleged violence was not purposeful.

 

Can I Get a Domestic Violence Charge Dropped?

Although it can prove very difficult, a domestic violence defense attorney can investigate the facts, obtain interviews, and review any pertinent documentation related to your case to best assist in having your charges dropped. 

The domestic violence process can be confusing and emotionally draining. Florida domestic violence cases will appear on your public record. That’s why it’s imperative to secure adept representation.

 

 

 

 

 

 

 

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