How to Get Domestic Violence Charges Dropped in California

As a human existence, you have certain rights that protect you lot from the diverse criminal acts committed daily. For example, you accept the correct not to be under arrest for a crime you didn’t commit.

Bearing the weight of domestic violence charges tin be a traumatic experience. If you or a loved ane is facing this charge, there are some things you demand to know.

Y’all could go your charges dropped by proving your innocence or mitigating your actions. Hither is what y’all need to know near domestic violence charges and the steps to take to get these charges dropped.

Can Domestic Violence Charges Be Dropped in Alameda County?

The majority of domestic violence accusations are misdemeanor counts. Anyone institute guilty faces a mandatory three-year probationary period and the possibility of a restraining social club.

However, if a kid is involved, a serious actual injury was caused by the violent conduct, or if a sexual assail occurred, these scenarios would upgrade the case to a felony offense. The minimum sentence for these offenses is 4 years in prison plus penalties.

In some cases, the victim may decide non to file a complaint. Under California domestic abuse law, the prosecutor is the only party with the power to driblet domestic violence charges after the authorities go aware of the case.

However, they don’t always get to decide whether to drop the charges or not. Once an investigation begins, information technology might be challenging to settle the allegations.

If y’all are the accused, you may be able to get these charges withdrawn. Here’due south the data you need to help fight the charges.

Justifications for Dropping a Domestic Violence Charge

There are several reasons why different people decide to drop charges when they get arrested for domestic abuse. For some, it’s a way to save money. For others, it’due south a way to avoid embarrassment and public scrutiny. Any the reason, it’south a big decision that requires diligence and thoughtfulness

The Victim’due south Argument

In some situations, there is insufficient bear witness to apply against the defendant. In that instance, the prosecution might abandon the charges if the victim declines to cooperate with the investigation or show.

The virtually mutual justification for dismissing a domestic abuse instance is a lack of evidence. The prosecutor must provide the court with evidence to support the victim’due south claims. They tin can pursue dropping the charges when they make up one’s mind confronting pursuing criminal activeness against the offender.

Conflicting Statements

Domestic abuse victims typically provide two statements when reporting an incident, including:

• An oral argument to the law enforcement personnel who auscultate the suspect.
• A written statement meant for the police report.

The prosecution could abandon the instance if they have any reason to suspect the veracity of the victim’south claims. The prosecution may also drop the charges if the statements conflict with the victim’s physical injuries. Both reports must be consistent for the prosecution to proceed with the example.

No impartial witnesses

Most domestic violence cases take place when there are no independent witnesses. As a result, finding any neutral witnesses who can support the victim’s claims is difficult.

Still, the absence of impartial witnesses can make the case difficult to prove in many instances, peculiarly when the victim and the offender have contradicting statements. The prosecution may therefore choose to abandon all accusations.

No Visible Injury

In California, show of physical harm is not a prerequisite for the accused to exist found guilty of domestic violence. There are other ways to find evidence to back their claims.

However, proving the prosecutor’s merits is more complex when there’s no visible injury. The prosecution may drop the charges if there is no further testify.

How to Drop Domestic Violence Charges

Domestic abuse is never okay. Domestic violence charges are even worse as they can permanently scar your record.

Information technology’south unsettling to hear domestic violence allegations and imagine you lot’re under abort later on. An arrest for domestic violence, domestic abuse, or an application for a restraining order can upshot in judicial proceedings that have serious repercussions.

You need reliable information to aid you brand the best decisions and guide you through the process if you, a family member, or a loved one are in detention for domestic abuse.

The Victim’southward Statement

The testimony and involvement of the victim are crucial in domestic violence cases. They will have to pursue dropping the charges subsequently they accept decided confronting pursuing criminal activity against the offender.

Also, in some situations, in that location is insufficient evidence to back up the defendant’s defense. In that case, the prosecution might carelessness the charges if the victim declines to cooperate with the investigation or show. The case might non have much to stand on if the victim chooses to support the defendant.

If the prosecution thinks it’southward appropriate, the defendant might be able to have the charges withdrawn. However, the prosecution needs persuasion to ascertain that doing so will do good all parties concerned.

If the victim submits an affidavit of not-prosecution, it is still possible to drop all charges. It will take a legal annunciation made by the alleged victim, stating the following:

• They refuse to give a witness against the defendant.
• They do not want the accused to face any sentence.
• They want the prosecution to drop all accusations.
• The affidavit is beingness signed voluntarily, without the use of compulsion or threats of criminal action.

Still, an affidavit of non-prosecution doesn’t immediately dismiss a domestic violence case. Information technology only gives the prosecutor something to consider earlier taking action in favor of everyone involved.

Rebutting The Evidence

Suppose the neighbors contacted the police to report a domestic violence case. In that example, the defendant might demand assistance from the alleged victim to challenge the witnesses’ testimony.

The victim testifying on behalf of the accused could bear witness that the incident wasn’t more than than calumniating language. The victim could also merits responsibility for whatsoever form of violence or impairment that occurred as a upshot.

In this instance, any evidence or claim made by witnesses will virtually likely be too weak to use against the accused. The witnesses could be neighbors who don’t know or sympathise what truly happened inside the dwelling house. This misunderstanding can atomic number 82 to the presentation of imitation data in court.

The victim may take to put in a lot of effort with the defense to provide the essential counterargument confronting neighborhood witnesses to request the dismissal of the domestic violence charges.

Working with the defense chaser may make information technology possible to dispute other types of evidence, such every bit bruises, cuts, fractures, or hospitalization.

Examining the Law Written report

Substantial evidence that forms the footing for the domestic violence case is in the police force study. Obtaining the law report tin can assist the defendant in developing a compelling defense to the accusations brought confronting them to offer to the prosecution. When evidence is sufficient, the prosecutor will dismiss all charges.

Seeking Legal Help

Even though y’all can persuade the prosecution to drop all charges on their ain, information technology’s non advisable to handle a domestic violence instance without professional legal help.

A skilled domestic violence chaser will help you convince the prosecution that prosecuting you will exist counterproductive. Additionally, if the case ends up in courtroom, you will demand an attorney to defend you. Instead of jail time, the estimate could impose a protective order.

The Significance of a Restraining Order

A restraining order allows someone to have only express or no specific contact with some other person. Restraining orders from court may be temporary or permanent.

Temporary orders typically concord for one month, and the person who received the order must notify the court of whatsoever changes in contact inside ten days of the change.

A judge volition probably gild the defendant to avoid contact with the victim and witnesses if they accept a criminal record.

This directive is a requirement for release from custody. The accused may face up criminal antipathy for disobeying a court’s direct lodge. They could also revoke their release from custody if they do not bide by this order and make contact with the victim.

Additionally, the respondent must not brand contact with or breach the lodge if there’s a temporary protective order issuance. If the respondent disobeys the order, they adventure charges for contravening a temporary restraining order or being held in criminal contempt for doing and so.

How to Gainsay False Domestic Corruption Claims

Unfortunately, false domestic abuse claims have become a massive problem in the United States. Records indicate that over 20 million Americans have been victims of wrongful domestic abuse. In turn, this has cost billions of dollars in legal fees and acquired irreparable harm to innocent people’s lives. Fortunately, at that place are now several ways to fight dorsum.

Several statutes deal with domestic abuse in California. Physical harm and domestic battery are the two nigh frequent.

• Concrete injury refers to a state of affairs where the victim can prove physical impairment.
• Domestic bombardment is when in that location is no actual harm. Physical injury is considered a felony in Alameda County.

Y’all should take preventative action if y’all run across any indications that yous could exist in danger of receiving a false domestic violence charge.

To assistance you lot through what might be a dilemma, you can take the first step by speaking with a domestic corruption lawyer in Alameda County.

You tin can have steps to safeguard yourself from false domestic violence claims.

• Suppose your partner makes any bogus threats or actions, record or document them. Pay attention to the details like the time, date, and what was said or done. All these details could be helpful in instance y’all ever need an attorney’s help.
• Prevent Conflict. De-escalating disagreements is crucial when marital strife, particularly when a spouse threatens divorce. Proceed in mind that domestic corruption’south definition of a “threat of harm” is arbitrary.
• Protecting your electronic devices is crucial, too. Your partner may fabricate and send frightening text letters to their telephone from yours and then use those texts equally prove of threats and a justification for their anxiety.
• If the case ends upwardly in court, object to fresh accusations. Most courts won’t let a victim add new allegations to her first pleas after the hearing has begun. This situation frequently happens when the victim’southward original accusations seem too broad.
• In many cases, affidavits are submitted asking for restraining orders when the claim does not meet the requirements set by law. Knowing the legal requirements in your land can be crucial as a result. The affair may be dismissed without actual trial when inadequate arguments are shown.

Why You lot Demand a Domestic Violence Attorney

Before anything else, yous should hire a domestic violence attorney if you’ve been wrongfully accused of domestic corruption. Experienced domestic violence defense force lawyers in Alameda County know what to exercise to get charges dropped, reduced, or avoided entirely.

When you hire a domestic violence lawyer, their side by side task is to help you in gathering the show to back up your defense. Your attorney needs to know every important item about your situation so they tin provide solutions to your unique instance.

Your attorney needs to know if your spouse is acting out of envy or greed or has ulterior motives. All correspondence, including emails, texts, and voicemails, should exist given to your lawyer. Every detail you can provide about your partner’s justifications for falsely accusing you of domestic abuse will come in handy.

You lot also demand a legal expert to requite you the best communication for your situation. For instance, if you have a restraining order, it’s crucial to keep runway of any conversations or requests for a coming together with your accuser. This record will serve as helpful evidence if your example ends upwardly in court.

Conclusion

Domestic violence is a susceptible bailiwick. Many people accept to bargain with the concrete and emotional stress that comes with a domestic violence accuse. But with the correct help, you never have to confront it lone.

The Law Office of Louis J. Goodman tin can give you all your needed help. We will study your instance and provide solutions that fit your situation.