The moment law enforcement officers arrive at the site of a domestic dispute; their first priority is often de-escalation. Unfortunately, this will usually result in the making of an arrest without proper investigations into the surrounding circumstances. As such, there are chances that the prosecutor within your case might be inclined to dismiss the domestic violence charges as they end up having inadequate evidence.
As an accused facing domestic violence-related charges, you might find yourself in a situation where you think the court and its officers failed to consider the altercation from all possible angles. As such, you require to bring on a defense team to try and convince the prosecutor that the charges levied against you were unnecessary.
Evidence to Support the Dismiss of Domestic Violence Charges
The dismissal of a domestic violence charge is highly reliant on the provision of evidence to show that you did not commit the offence. You want to go with a legal team that gathers evidence that is both persuasive and reliable. Altogether, the aim is to discredit the alleged victim’s testimony. As such, this legal team will most likely be trying to poke holes into the statement recorded both at the site of the altercation and the police station.
Your legal team should be hunting for statements from neutral eye-witnesses who were on the scene during the altercation. They should be looking for any audio or video recordings of the actual event. Further, you want to provide any text messages or other correspondences between you and the alleged victim of the domestic violence. This will include any of your interactions with said individuals on social media and any photographs of you two.
Factors that Lead to the Dismissing of Domestic Violence Cases
Lack of Evidence
When you are accused of domestic violence, the prosecutor will embark on an evidence-gathering expedition that is meant to prove that the incident occurred. They will take pictures, record eye-witness testimonies and any medical records available, to name a few.
In some situations, however, the unearthed evidence does not corroborate with the story being given. Often, this will result in a situation where the evidence is not enough to convict you as the accused. In the event that the latter occurs, the case will often end up being dropped.
The Alleged Victim Has a History of False Accusation
Granted, domestic violence charges merit serious consideration. Still, when the alleged victim has had a history of false accusation, it is relatively easy for the defense lawyers to discredit their claims.
The moment a prosecutor discovers that the accuser has had previous history of false accusation, they will often question if the allegations can stand in front of the jury and the judge. This is informed by the idea that the defense team will most likely unearth this history and present it in court during their client’s representation.
The Alleged Victim Fails to Cooperate with the Prosecution
There have been situations in which the alleged victim fails to cooperate with the prosecution. Some of the reasons that they might fail to corporate include their inherent inability to follow orders. Specifically, the victim might fail to stay away from the accused even after being specifically instructed to avoid any contact. Additionally, the alleged victim might fail to show up for the trial, thus failing to avail their testimony during said proceedings. This is particularly frustrating for the prosecution as it would mean they would be unable to prove any of the allegations.
In some cases, the alleged victim might invoke their fifth amendment right. This would mean that they probably feel that the altercation and consequent domestic violence event resulted from a mutual fight. The moment the alleged victim invokes their fifth amendment rights against self-incrimination, the case becomes increasingly difficult for the prosecution, resulting in the subsequent dismissal of the domestic assault case.
Proof of a Mistaken Report
As mentioned, the moment law enforcement gets to the site of a possible domestic violence altercation; their first priority is de-escalation. In trying to achieve the latter, the accurate taking of the report can be greatly impaired.
There are also situations in which a third party might call law enforcement because they believe that the domestic argument might result in domestic violence. In the event that the altercation does not, in fact, lead to any violence, then the domestic violence prompt is effectively nullified. Overall, it is up to your defense team to prove that the report that had initially been made was, at best, mistaken.
Common Defenses for Domestic Violence Charges
The moment you call on services of a domestic violence lawyer; you want them to prepare a sufficient case that should help you push past the domestic violence charges.
Some of the common defenses include proving that the alleged victim was lying to get the upper hand in the legal matter. An additional defense would be to prove that the assault was, in fact, self-defense in which you sort to protect yourself from attack by the alleged victim. In the event that you are truly innocent, your defense team should be able to prove the same, thus saving you from the implications of a domestic violence charge. Finally, a common defense will often be that the altercation was, in fact, an accident and that you did not purposefully cause harm to the victim.
At Meltzer & Bell, P.A., we are the right criminal defense team when you want to dismiss your domestic violence charges. We can provide you with trusted legal representation that should be able to prove that the charges levied against you deserve to be dropped. As part of our formidable defense, we will often hire a private detective who will go through the different aspects of your case to determine any loopholes. Besides, due to our extensive experience working with prosecutors, it is increasingly possible for us to unearth any contravention of procedures that should see you avoid the ramification of a domestic violence case. We are open to evaluating your particular case. Contact us today for a free case evaluation.