Domestic violence laws make it a crime to harm or threaten to harm an intimate partner. According to an experienced domestic violence lawyer in Orange County, if a domestic violence, or DV, charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped:
- Gain the support of the prosecutor,
- Request a copy if the police report,
- Prepare a true account of details, and
- Contact a specialist San Bernardino domestic violence lawyer.
Make sure to always keep in mind that it is often challenging to drop domestic violence charges. This is mainly for the reason that it is up to the prosecutor whether the charges get dropped. And many of the State’s prosecuting agencies have adopted a “no drop” policy when it comes to domestic violence charges.
How can I get domestic violence charges dropped?
There are the four key ways a domestic violence defendant can make an effort to convince a prosecutor to drop the charges. These are:
- Gain the support of the prosecutor – Contrary to popular belief, the prosecutor, not the victim, determines whether to drop a domestic violence charge. This signifies that it is in the best interests of a defendant to stumble on ways to persuade the prosecutor that a dropped charge would be favorable to all parties and the State.
- Request a copy of the police report – The police report will provide much of the proof that forms the foundation for the particular charge in a domestic violence case. Access to this proof will help an accused defend against charges. If strong enough, a defense could result in a dropped charge.
- Get a true account of details ready – After looking at the police report, it may appear that a domestic violence charge is based upon false allegations. If so, a defendant is supposed to put together an accurate account of events and facts and provide the same to the prosecutor.
Last but not the least is to get in touch with a practiced Riverside domestic violence attorney.
The last piece of advice is often the most valuable. A knowledgeable lawyer for domestic violence can be critical in getting a charge dropped for the reason that he or she has the experience, expertise and knowledge to:
- Try to directly persuade a prosecutor to drop a charge.
- Cast doubt on an accuser,
- Draw attention on conflicting proof, and
- Provide a reality check on the potential success of bringing a charge.
Is it difficult to get a domestic violence charge dropped?
Yes. It is often hard to get a domestic violence charge dropped. This is for the reason that prosecutors ultimately make a decision whether a charge gets filed or dropped. And, a lot of prosecuting agencies have adopted a “no drop” policy when it comes to domestic violence charges.
There are two reasons for the policy.
- The 1st is that it sends the important message that domestic violence charges are of significant concern, and they are supposed to be dealt with seriously and aggressively.
- The 2nd reason pertains to the general assumption that domestic violence victims will later change their story about what happened out of fear of the abuser.
This signifies that a prosecutor may frown upon a dropped charge, even if the accuser decides to change her story later, because the change is likely more because of fear rather than the truth of what happened.
How does the State’s law define domestic violence?
The State defines domestic violence as abuse committed against an intimate partner. A person commits abuse when he or she intentionally or recklessly uses or threatens the use of physical force against an intimate partner.
For purposes of this statute, an intimate partner is defined as:
- A current or former spouse
- A current or former registered domestic partner
- A current or former fiancé
- A person with whom the accused has, or has had, a child
If you are also going through mental trauma or would like to get rid of domestic violence charges, feel free to get in touch with an experienced Orange County domestic violence attorney at The Law Offices of Sood and Sood!