Being accused of domestic violence is a serious matter. Whether you are entirely blindsided by this type of charge or you believe your accuser is filing charges to get the upper hand in a separate legal matter, you need to take appropriate action to clear your name and protect your reputation and future.
While crafting the best defense is of the utmost importance in these situations, it's also important to understand why domestic violence cases may be dismissed, sparing you from the stress of a trial in the first place.
Why Do Domestic Violence Cases Get Dismissed?
There is a Lack of Evidence
Once someone accuses a person of domestic violence, the prosecutor will gather every piece of evidence possible to prove the incident occurred. This can include photos, eye-witness testimony, medical records, and more.
However, there are some cases in which the evidence found (or lack thereof) does not corroborate their story or is not enough to get a conviction. If a prosecutor does not find enough credible evidence, they may drop the case.
The Accuser Has a History of False Accusations
While domestic violence charges should always be taken seriously when there is merit to them, false accusations create big problems for both the person wrongly accused and the prosecutor.
If a prosecutor discovers that the accuser has a history of falsely alleging domestic violence, they may feel that a jury will not believe them during a trial — since a defense attorney will likely bring up that history. This may lead to the charges being dismissed.
The Accuser Doesn’t Cooperate with the Prosecution
Someone who accuses another person of domestic violence may not cooperate with the prosecution for several reasons. This can include:
They Don’t Follow Orders
During the criminal process, the prosecution will likely advise the accuser to avoid any contact with the accused and appear for trial to provide testimony. If the witness willingly goes against what they’re told, the prosecution may not be able to prove the charge on their own, resulting in the case being dismissed.
They Invoke Their Fifth Amendment Right
If the altercation that led to the alleged domestic violence was less of an assault and more of a mutual fight, the accuser may realize they could be charged as well and invoke their fifth amendment right against self-incrimination. Without a cooperating witness, the case may be dismissed.
There was a Mistaken Report
Some cases of domestic violence are the result of misunderstanding from a third party. For example, if a neighbor thinks an argument they hear results in domestic violence and calls the police, an arrest may be made, even though you and your partner know this wasn’t the case.
It is up to your defense attorney to prove that the report should not have been made in the first place.
What are Common Defenses for Domestic Violence Charges?
If your case is not dismissed, you will have to craft a good defense with your attorney. While everyone’s case is different and involves unique circumstances, some common defenses for these charges may include:
The Person is Lying: Sometimes, this is done to get the upper hand in other legal matters.
Self-Defense: If they were also assaulting you, you reacted to protect yourself.
I am Innocent: You are truly innocent of the charges.
It was an Accident: Things escalated and the alleged violence was not done purposefully.
Defending Domestic Violence Charges in Newport Beach
At Law Offices of Randy Collins, our attorney has prosecuted hundreds of individuals for misdemeanor and felony offenses and has an in-depth knowledge of the prosecution’s goals and strategies.
When you have an attorney who has developed a reputation in the courtroom, your credibility and the court’s opinion of you can be affected in a beneficial way.
Contact us at (844) 285-9559 today to take advantage of a free domestic abuse case evaluation with one of our experienced Newport Beach attorneys. There is no obligation to retain our services.