Dropping Domestic Violence Charges…Can It Be Done?

dropped chargesIf you are finding it hard to drop domestic violence charges in California, you need to be aware of a few things. It is not always an easy task to have domestic violence charges dismissed. The domestic violence prosecutors in California would like members of the public to believe that all those that file domestic violence charges against others are victims, but this not always the case.

You will find numerous instances where an individual presses domestic violence charges even when violence has not taken place. If a person is angry, hurt, or desperate, he or she can make decisions that are out character that result in negative repercussions for the people they love the most.

According to domestic-violence-law.com, more than 20 individuals per day try getting the domestic charges against the defendant dismissed shortly after filing only to discover the district attorney’s office is not willing to do so. This is why dropping domestic violence charges is difficult. The laws reflect the assumption that domestic violence victims often try to protect the aggressor even after they suffer serious injuries at their hands.

California is a notorious state for vigilance against persons accused of domestic violence along with those that accuse others of domestic violence and later try to drop the charges.

While it might be hard for a person that has been charged with committing domestic violence acts to have those charges dismissed, it is possible in some instances. If you are able to save either yourself or a loved one from unwarranted criminal charges, you will have some peace of mind and can move on with life.

What Are the Steps to Be Taken If You Want to Drop Domestic Violence Charges?

The alleged victim and defendant in a domestic violence dispute in California generally does not have the ability to “drop the charges”. The reason for this is that California treats such incidences as crimes against the state and victim.

This means that if the victim claims not to have any grievance against the defendant and doesn’t wish to press charges, he or she is within their rights, but the state can and probably will press charges on behalf of the people of California.

Whether or not the state will continue pressing charges may depend on the type and amount of evidence available for use against the defendant. If no other evidence is available and the defendant has no prior domestic criminal record, there is a chance that the domestic violence case will be dismissed, but is a rare occurrence.

In spite of the fact that the defendant or victim can do little to have the domestic violence charges dismissed after an incident where abuse is evident, victims that support their alleged attackers openly can provide additional benefits to the case of the defendant in some instances.

For example, a prosecutor that has minimal evidence and an uncooperative victim might feel pressured to reduce the defendant’s charges to a lesser offense or simply present a more favorable plea agreement.