What Happens When A Domestic Violence Victim Doesn’t Want To Press Charges?
Facing charges of domestic violence can be incredibly upsetting and stressful. Domestic violence charges in Tucson, Arizona, are a common occurrence, however. Any charge of domestic violence must be taken seriously. The consequences of a domestic violence arrest and conviction can be life-changing–for the victim and the accused alike.
In cases of domestic violence, there are instances where the victim initially reports the incident but later decides not to press charges. However, this does not necessarily mean the case will be dropped. Once a domestic violence case is reported to the police and passed to the prosecutor, it is ultimately up to the prosecutor to decide whether to pursue or dismiss the case.
In some situations, the prosecutor will move forward with the case even if the victim does not want prosecution. When a victim refuses to cooperate with the domestic violence case, however, that can affect whether the case moves ahead or not.
What Happens to Domestic Violence Charges When the Victim Does Not Want to Press Charges?
If someone reports domestic violence but will not cooperate with police or the prosecution, that can potentially lead to the dismissal of a case. In some situations, the prosecution might review the police report and decide not to file charges. This decision can be based on the facts of the incident and the wishes of the victim as well.
In some cases, the prosecutor might find an alternative to taking a case to trial. Plea agreements can be reached during a case to resolve the dispute, and a victim’s change of heart can influence plea negotiations. If the domestic violence case is proceeding to trial, and the victim decides not to testify, that can also lead to the dismissal of the case.
If the prosecutor decides there will not be sufficient evidence to convict without a victim’s testimony, they might choose not to conduct a trial. Prosecutors can require a victim to testify by issuing a subpoena, but this is never a preferred strategy. In other cases, where there is plenty of evidence to convict, such as video and eyewitness testimony, the prosecution could proceed without the victim being involved at all.
Keep in mind that even if a domestic violence victim changes their story or testifies differently from what they told police earlier, their prior inconsistent statements can still be used as evidence in the case.
What Happens After an Arrest for Domestic Violence in Arizona?
A domestic violence arrest can carry serious and immediate consequences. The court will usually impose a no-contact order preventing you from communicating with the victim. The victim can also file an order of protection against you after the incident. Unfortunately, no contact orders and orders of protection can prevent you from returning to your home and even spending time with the children you share with the accuser. Any contact with your family would have to be addressed through the legal process. Violations of court orders can land you in more serious trouble and even send you to jail.
To avoid serious mistakes, you should work with your criminal defense lawyer to address your rights while the case is pending. Pretrial orders can be modified depending on the circumstances, but your lawyer will need to make these requests.
Can a Victim Drop an Order of Protection?
Unlike the domestic violence case itself, victims can drop orders of protection if they choose. Orders of protection are civil matters and do not depend on the prosecutor. Even if the protective order arises from the same facts that led to the domestic violence charge, the individual can ask to modify or even dismiss the order of protection. Only the person who asked for the order of protection can drop it, however. A Tucson domestic violence lawyer can help you understand the distinctions between orders of protection and the orders related to your domestic violence case.
What Should I Do After Being Charged With Domestic Violence?
If you find yourself charged with domestic violence, you will have immediate questions about what to do and what happens next. In some cases, the victim will change his or her mind and decide they don’t want charges. The case could still proceed, however. It is important to work with a criminal defense attorney with significant experience in domestic violence cases.
Contact an Experienced Tucson Domestic Violence Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson domestic violence attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439