Can Domestic Violence Charges be Dropped? – Guest Post

Domestic violence charges will not automatically be withdrawn if the complainant changes his or her mind and notifies the police that they no longer want to accuse you criminally, contrary to popular belief.

Rather, once a report of domestic abuse is submitted to the police and a charge is legally brought, the Crown Prosecutor assumes control of the proceedings, and the individual who made the complaint loses all authority over the accused’s prosecution.

Whether Domestic Violence charges be dismissed?

In reality, a successful prosecution can be pursued even if the victim no longer wishes to participate in the criminal procedures. To begin, even if the complainant refuses to testify about the offense, the Crown can always summon him or her to court and put him or her on the stand as a witness.

When he or she is called to the stand, he or she is required by law to tell the truth.

Furthermore, if the complainant chooses to disregard a subpoena, the Crown has the authority to have that individual arrested and brought before the court, or kept in jail until they can be brought before the court.

Second, in rare cases, the Crown may seek to have past statements made by the complainant to the police admitted into evidence to establish the veracity of their contents.

If the Crown is successful in that motion, the statements made by the complainant to police after the offense may be used to condemn you, even if he or she declines to accept those statements in court.

Furthermore, if the Crown can demonstrate the components of the crime through eyewitnesses present when the crime was committed, the Crown may not even require the complainant’s evidence.

Even if you do not stand a good chance at trial, there is still a chance that the accusations against you may be dropped or that you will escape a criminal record through certain settlement choices.

How to Get Domestic Assault Charges Dismissed?

A statutory or common law peace bond is a typical and successful settlement to a domestic violence complaint. A peace bond will oblige you to follow specific court-mandated terms for a specified length of time.

Conditions commonly included in a peace bond include avoiding contacting or going near the complaint, attending counseling, preserving the peace, and being of good behavior.

If you can persuade the Crown Prosecutor to settle your case through a peace bond, the criminal charges against you will be dropped.

Avoiding a Criminal Record Through Discharge:

You may even be able to persuade the Crown Prosecutor to join you in an application for discharge before trial. A discharge is a type of sentencing measure that allows you to avoid having a criminal record after pleading guilty to an offense.

To get a discharge, you will make representations to the court after entering your plea that demonstrates why you should not receive a criminal record for the offense and why it would not be averse to the public interest to allow you to escape conviction.

If granted, you will be ‘discharged’ from the offense rather than convicted, and you will always be able to claim that you have never been convicted of a criminal offense.

If you want to resolve your domestic violence charges, you should contact Criminal Defense Attorneys as soon as possible. They will help you to evaluate the case more extensively.

How can Domestic Assault Attorney help?

In some states, only the Domestic Assault Attorney has the authority to dismiss domestic violence charges following an accusation. This implies that once the putative victim calls the police, they cannot alter their mind. The choice is now out of the claimed victim’s hands.

A Domestic Assault Attorney can help the victim. When domestic violence happens, the victim’s first desire is to be shielded from the perpetrator. Many victims are unable to do so. A Domestic Assault Attorney can show victims how to get out of such situations.

This usually entails two steps:

1) Locating a secure area to reside

2) Obtaining a judicial order barring the perpetrator from contacting the victim.

Furthermore, these attorneys may represent you in court and assist you in obtaining a restraining order to prohibit your abuser from contacting or approaching you.

Conclusion

Above all, it can be seen that domestic violence charges can be dropped. The main power in this scenario is with the Crown Prosecutor, not with the complainant. The victim can be protected only with the help of Domestic Assault Attorneys and Criminal Defense Attorneys.