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Victims can’t drop criminal domestic violence charges

When you and your significant other get into an argument, things might get heated. In the heat of the moment, your significant other might make claims of domestic abuse against you. Those claims might be only because he or she wants to hurt you in whatever way possible. While that does occur in some domestic violence cases, it is vital that you understand that charges of domestic violence placed against you might not be dropped just because you and your significant other make up.

A domestic violence charge that is filed by prosecutors is something that your significant other doesn’t have any control over. Even if he or she wants to drop the charges against you, they don’t have the authority. Only the prosecutor over the case can drop a criminal domestic violence charge against you.

If your significant other has decided that they want the charges dropped against you, it might be possible if they decide to stop cooperating with police because some cases depend on their cooperation. That isn’t always advisable because not cooperating can lead to penalties. This is also true if your significant other opts to recant a statement made to police about the alleged domestic violence.

The only case that your significant other could end would be a civil case. That means that if he or she petitioned the court for an order of protection, they might be able to get that dropped. If the order of protection was done in criminal court, it likely isn’t possible for him or her to get it dropped.

If you are facing criminal charges for domestic violence, even if your significant other wants those charges dropped, you should begin working on a defense strategy. It is best to have a strategy prepared and ready to go in case the prosecution opts to move forward with the charges.

Source: FindLaw, “Can the Victim Drop Domestic Violence Charges?,” accessed Nov. 20, 2015

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