Situations between family members can often get heated. In some cases, tensions may rise to the point that things get physical and someone ends up arrested for domestic violence. This can be confusing and overwhelming, particularly if this is the defendant’s first time in the criminal system. Many defendants are surprised to learn how quickly the situation can escalate from a single dispute into formal charges that come with court-ordered restrictions.
Many people don’t realize that domestic violence charges are usually brought by the state and not by the alleged victim. This means that once law enforcement becomes involved and prosecutors decide to file the charges, it is not possible for the victim to drop the charges. Instead, the decision is solely up to the prosecutors and the court.
Contact with the victim is often limited
Protective orders are usually issued in domestic violence cases. These orders prevent the defendant from being able to contact the alleged victim, even if both parties want to communicate. It is critical that defendants comply with the order as stated because there are legal consequences for breaking it.
Some defendants believe that if they can persuade the alleged victim to stop cooperating with police, the charges would be dropped. That’s not always the case. Prosecutors can sometimes move forward with the charges because of other evidence, even if the victim opts not to cooperate.
Victims should realize that their ability to refuse to cooperate comes with certain consequences. For example, there are consequences if they avoid appearing for a subpoena.
Instead of focusing on trying to get the victim to drop the charges, defendants should begin to explore their defense options. Working with someone who is familiar with these matters may be beneficial, since they can explain those and help the defendant to decide what’s in their best interests.