In case you are not aware, domestic violence or dating violence is a crime. It is an act of aggression that violates someone’s rights, such as their right to privacy, safety, and relationships. Although it does not physically hurt the victim, it can make them feel ashamed and/or threatened in their rights to privacy and safety.
If a male victim of dating or domestic violence does not go to the authorities, he or she may face charges of disorderly conduct or vandalism. These charges can be difficult to drop due to the publicity they receive.
Can a woman drop domestic violence charges? Unfortunately, the answer is yes. Even with serious evidence showing that the male victim did nothing wrong, many prosecutors will still charge the man as “domestic abuse” because it meets their standards for a “domestic assault”.
This article will talk about different ways for a woman to get her man into court and dropped these charges.
Contents:
Understand the process
Once a charge of domestic violence is filed, the next step is to understand the process. A charge can be dropped if the accused proves his or her innocence.
This can be difficult, considering many times a person in a abusive relationship does not leave because they are forced to by the power of the purse and court system. It is important for people to understand this as it can affect how quick and easy it is to drop charges.
If a person does not have an attorney, then there are attorneys that work as legal assistants for courts. They can help with changing minds, establishing probable cause, and laying out the evidence against someone. Even with an innocent man or woman in a domestic violence case, it can be hard to obtain an acquittal or conviction.
If that happens and you need an attorney to assist you in court, you will need one before trial, not during. An attorney may or may not be able to help with establishing probable cause or changing someone’s mind.
Speak to the prosecutor
Having the opportunity to speak to the prosecutor can help a woman drop domestic violence charges. The prosecutor will usually ask for your victim’s name and contact information at the time of charging.
Once this information is exchanged, they can go about trying to negotiate a plea deal or reducing charges. Having this conversation with the prosecutor can also help show them that she believes in her ability to negotiate a deal and that she’s not just counting her chances at winning the case.
Having a chance to speak to another person before sentencing can help her get an understanding of what she was going through and how she should feel about this case. She may also find that speaking to a friend or family member could help her understand what happened and how she could have prevented it.
Having the chance to explain what you did before charges happened and how this new situation changed you may be able to drop charges.
Cancel your court date
If you are facing domestic violence or family violence charges, it is important to have a plan. You do not want to go to court and have no idea if you will be granted a bail or release condition, or whether you will be allowed to leave the country as part of your release condition.
If you are already in court and the bail or release condition is that you not approach or stay with an individual who has committed a domestic violence crime, then this may still apply even if you change your mind and decide to withdraw your charges.
Even if the bail or release condition applies only to non-contact crimes such as assault,then yes, the individual still needs to be aware that they may face substantial fines and/or jail time if they violate the conditions.
Either way, it is important for both parties to have their names released so that they can attend court if needed.
Tell the judge
When a man is arrested for domestic violence, the police will often charge the man with battery, assault, or other physical aggression toward his spouse or partner.
However, if a woman is arrested for domestic violence, her charges can be dropped as the police did not arrest her on-site but rather her husband.
This is rare and depends on local law enforcement, but it does happen.
Sometimes, a woman will come forward to police about her husband’s abuse. Other times, she will go to authorities alone. In any case, the woman should tell the judge that she doesn’t want to go to trial and that she wants charges dropped.
If she stays charged, the jury may not see what happened was abuse and they may decide not to charge or convict her husband of anything. The only way for her to get a fair trial is for them to reduce or drop charges.
Provide a written statement
This is very important. If you are charged with or accused of domestic violence, you have a right to a written statement. A written statement can be as little as a letter or email, or can be as extensive as a statement read in court.
In most cases, the police will not read you your written statement because they would think you were too weak to write something and send it to them. However, if you send your written statement via email, the police will still receive it even though they may not send you the email when they receive it.
The reason this happens is because the police use mail to deliver documents to people, so if they do not receive it, then there must be some sort of mistake made in sending it. If the police do not read their client a letter or an email but can provide a written statement that includes what happened and why the charges were dropped, then they are sending out enough evidence to prove guilt but not enough to prove conviction.
Understand the process
Once a person is charged with domestic violence, it is important to understand the process. A person can only be charged as follows:
First, the victim or person who reported the abuse must do a police record check to see if they have any prior calls or complaints. If the victim or reporting party has previous abuse, it does not matter if the new abuser is a family member or non-family member.
If there is no previous record of abuse, then there are still consequences. Some states will permit charges of domestic violence against someone who was not involved in the initial abusive situation, even if that person was responsible for moving into an abusive situation.
It is important to note that this does not apply to people who are accused of batterer intervention programs (BIP) cannot be charged with domestic violence in cases where BIPs have failed and only charges for less severe crimes such as violation of housing agreements.
Speak to the prosecutor
It is very rare for a woman to drop domestic violence charges so soon after a violent relationship. However, it is also rare for the prosecutor to re-open an investigation into a woman since her past relationships may have indicated a likelihood of violence.
If you have been charged with domestic violence, you should contact an attorney as soon as possible to discuss your rights and options. You may be able to speak to the prosecutor directly, but only if you are no longer in need of protection from him or her.
Once you are no longer in need of protection, your rights end and the prosecutor has the right to decide if and when they will charge you. If they do charge you, it is important that you have an attorney on board that can help with their case!
As soon as possible after any arrest, contact an attorney. He or she can meet with the authorities or representatives to discuss your case and possible next steps.
Cancel your court date
There are several ways to cancel your court date. You can call the court to find out if you need to show up or not.
If you live too far away to attend your court session, you can call the court to find out if you need to show up or not. If so, you can send a certified letter or telephone message arranging another time for the hearing.
You can also write the court requesting a new date, but that request must be made within a year of the previous date being granted.
Other ways to get a new date is through re-scheduling, or canceling with the court. If possible, it is best to take steps in advance and book another time for yourself to be contacted by the other party.