Personal Injury, Criminal Law, Traffic Violations, and Family Law & Divorce

Domestic violence: Victims can’t drop criminal charges

On Behalf of | Jan 7, 2016 | Domestic Violence

Facing domestic violence charges is one of the most personal experiences a person in the criminal justice system will experience. These charges often call your relationship into question, which brings a horrible element into the situation. When the domestic violence charges come out, there is often an order of protection issued. This means that if you are served with one of these orders, you won’t be able to return to your home if it was with the person who is listed as protected on the order. That, however, is only one problem that you will face.

One thing that some people who are facing domestic violence charges don’t realize is that if you are facing criminal charges, even reconciling with the person whom you allegedly abused won’t necessarily stop the criminal charges. Once the prosecuting attorney decides that you will face charges, it is up to the prosecuting attorney or the court system to decide whether the charges will be dropped or not.

While it isn’t possible for the victim to have the charges dropped, there is a chance that the charges might be dropped if the person stops cooperating with the prosecution. It is critical that they understand how doing so might affect them. For example, ignoring a subpoena can result in the person facing criminal charges.

Another important point to know is that you still can’t go around the person as long as the restraining order is valid even if you reconcile. It is possible that you will face more criminal charges if you violate the restraining order.

If you are facing domestic violence charges, make sure that you fully understand your case. This includes making sure that you understand all court orders. You should also make sure that you explore all the options you have for a defense.

Source: FindLaw, “Can the Victim Drop Domestic Violence Charges?,” accessed Jan. 07, 2016