Can Domestic Violence Charges Be Dropped?
Relationships are hard. They can get emotional at times. In the heat of the moment, a person could hit their spouse, child, or romantic partner. Even if this happens just one time, this can lead to domestic violence charges. Such charges can change a person’s life forever.
Under N.J.S.A. § 2C:25-19, domestic violence refers to a variety of acts, including assault, sexual assault, harassment, stalking, homicide, kidnapping, criminal restraint, and false imprisonment. Such a criminal charge can lead to probation, fines, and imprisonment. It can also lead to restraining orders and affect employment. In addition, a conviction can damage a person’s reputation within their community.
Who Decides Whether or Not to Drop Domestic Violence Charges?
Because of this, a person may wonder if domestic violence charges can be dropped. It is not uncommon for the alleged victim to want to withdraw their accusations or refuse to testify against the accused spouse. The final decision to pursue or drop charges rests with the prosecutor and the State. The victim cannot make this decision on their own. Prosecutors will consider various factors before making a decision, including the evidence available, the seriousness of the offense, any history of violence, and the victim’s safety.
The State, not the plaintiff, files criminal charges. The prosecutor can still proceed with criminal charges if there is evidence of domestic violence. The prosecutor will rely on other forms of evidence, such as medical reports and eyewitness accounts, to build a case against the accused.
As the victim, you may wonder: does your opinion matter? Possibly. The New Jersey State Constitution includes guaranteed rights for crime victims; the prosecutor still has the final decision of whether to dismiss or proceed with prosecution. Your cooperation and statements hold considerable weight in court. You could provide testimony in the person’s favor. If you have reconciled with your spouse, but domestic abuse charges are pending, your testimony may help your spouse’s defense. As a victim, if you choose to recant your testimony, it can be hard to prove a domestic abuse case.
Keep in mind that while a victim’s lack of cooperation may pose challenges to the prosecution’s case, it does not guarantee an automatic dismissal of the charges. So, if you choose this option, the accused can still face charges.
Defending Your Legal Rights
Domestic violence is a serious crime, and while a victim may want to protect someone by dropping the charges, this is not something they can do on their own.
If you want to avoid being convicted of domestic violence, you need to act quickly to protect yourself. An Atlantic City criminal defense lawyer from the Law Offices of Melissa Rosenblum, LLC, will take the time to identify your needs and craft a custom-tailored approach to defending your legal rights. Contact us online or call (609) 904-6262 to schedule a consultation.