Domestic violence charges are often problematic because they pit members of the same family or household against each other. These charges often stem from heated situations, some of which might include physical contact. Some physical contact during these situations may be accidental, but that doesn’t mean that criminal charges won’t occur.
When a domestic violence charge is levied against a person, it sometimes includes a no-contact or restraining order that prevents that individual from being able to contact the alleged victim. This can be significant, particularly in cases where the two parties live in the same household.
Some people believe that victims are the ones who are in control of whether domestic violence charges are levied or not. The final decision about this actually lies with the prosecution and the court. It’s not possible for a victim to decide to drop domestic violence charges on their own.
Role of victims in domestic violence cases.
The victims of domestic violence cases are often asked to cooperate with the prosecution in an effort to get a conviction against the defendant. This can sometimes include being subpoenaed to testify. Some victims may opt not to fully cooperate with prosecutors, which can make it difficult for the prosecution to secure a conviction.
Defendants should recognize that they can’t go to the victims in a domestic violence case and ask them to drop the charges or to stop cooperating with prosecutors. That type of contact would go directly against a restraining order and could be construed as tampering with a witness.
Anyone who is facing domestic violence charges should ensure that they understand their options for addressing the charges. It may be beneficial to work with someone who’s familiar with these charges so they can assist with setting up the defense strategy.
