Getting Domestic Violence Charges Expunged. A vast majority of situations involving domestic violence often result in the police getting involved. Furthermore, while females are typically the main victims of this type of violence, it’s important to note that anyone can be a victim of domestic violence – including men. Despite the fact that a police officer’s job is to remain neutral in terms of responding to calls involving domestic violence, the truth is that they also have a responsibility to enforce the law in regards to these types of incidents. In the end, they are the ones who must determine whether or not a crime was actually committed based on the facts that are presented to them while they are on the scene.
After everything is all said and done, it is entirely possible that domestic violence charges can be dismissed; however, at the same time, it’s also something that can be difficult to achieve. The individual who has been accused of committing such an offense may end up objecting to what has been stated in the initial police report, and the victim may feel that the charges against the accused individual aren’t actually warranted. When it becomes obvious that the report cannot be revoked and that the accused has been criminally charged, it now becomes time to potentially look for new ways in order to prevent a conviction.
Ultimately, the prosecutor is the one who will determine the fate of any and all criminal charges. They are the ones who will make the decision whether or not to seek a domestic violence charge against the individual who has been accused. However, the more weak a specific case is, the better chance there is of having the case itself dismissed completely.
In terms of the domestic violence charges themselves, these are filed by parties such as the victim, the police, or a third party such as a relative of the victim. In order for a criminal charge to be filed, the prosecutor is required to first build a case against the accused individual. In the event that their report contains valid reasoning that such an offense took place, they will then move forward with official criminal charges. Getting Domestic Violence Charges Expunged.
When it comes to dropping domestic violence charges against an accused individual, this is something that can only be done by a prosecutor from the District Attorney‘s office. If a judge were to find the defendant not guilty during a trial, this would essentially be the same as dismissing charges of domestic violence.
There are also questions regarding whether or not a victim of domestic violence has the right to drop charges against an accused individual. The fact of the matter is that they do not have the legal right to drop domestic violence charges, as this would not fall under the category of being a civil case. In the event that it is determined that a criminal act took place, the state would need to assume responsibility in the matter of seeking justice, such as determining whether or not the allegations against the accused individual require any further action. If not, then they may drop the charges completely.
There are a few different factors involving what could potentially raise doubt involving a domestic violence case, many of which can be proven with the help of an experienced defense attorney. These include the following:
- Insufficient evidence
- No witnesses to corroborate the allegations
- Evidence that has been unlawfully obtained
- Inconsistencies made between statements
- Unreasonable claims made in the statement from the victim
- No visible injuries
- Retaliation against the defendant
- History of mental illness from the victim
- Use of alcohol and/or drugs by the victim
- Lack of cooperation by the victim
- Victim mistook the identity of the defendant
- Defendant acted in self-defense
- Defendant had a lack of prior convictions involving domestic violence
In the event that there are enough inconsistencies involving the evidence, the case itself could begin to weaken, thereby resulting in reasonable doubt. As a result, this increases the chances of the charges themselves being dropped.
In terms of getting domestic violence charges themselves dismissed, perhaps the most ideal outcome is working towards both a peaceful resolution and clarity. Some of the other methods in which the charges can be dismissed include the following:
- Affidavit of non-prosecution, which provides the chance for the victim to speak on their own behalf in order to clear up any potential inconsistencies in regards to the case.
- Meeting with the prosecutor.
- Dropping the case with specific conditions placed on the defendant and/or the victim.
In the event that a domestic violence case involves either a severe bodily injury or the use of a deadly weapon, this is a situation that will result in an intent to cause serious harm to another individual, which is considered to be an extremely serious criminal matter. In instances like this, the likelihood of getting domestic violence charges dismissed will be much more complicated.
Getting Domestic Violence Charges Expunged. Thank you for visiting the Longhorn Law Firm blog, an Austin based criminal attorney that can provide legal defense and counsel whether you are dealing with criminal, personal injury, immigration, or employment issues. If you are looking to further discuss the services we can provide, please contact us today for a consultation.