Domestic violence is a serious criminal charge that can result in fines and jail time. Some offenses may be a misdemeanor while other charges may be felonies. Thus, defendants must always take these charges seriously and handle them accordingly. Among all criminal charges, domestic violence charges most often result in charges being brought because of an initial story, and later, the story that causes the defendant to be arrested may not be the full story and reflect the series of events. Physical evidence and other evidence can be used to either prove or disprove certain stories and highlight what really happened leading up to the domestic violence charges.
What Counts as Domestic Violence?
Domestic violence refers to violent crimes directed towards members of one’s household or family. This household can include parents, spouses or partners, and children. Violent acts covered under domestic violence law can include child abuse, assault, sexual assault, rape, and the threat of physical harm. Other instances of violence that happen outside of a household or family are still serious, but they don’t necessarily count as domestic violence. Non-physical abuse can play a role in these cases, but these types of abuse alone often do not count as domestic violence. what happens in domestic violence court
How to Get Domestic Violence Charges Dismissed in Ohio
You may be wondering how you can get domestic violence charges dismissed, and the answer may not be as simple as it seems. There are cases when a domestic violence charge is dismissed, but this must be completed by the prosecutor.
Can the Alleged Victim Dismiss the Charges
When criminal charges have been brought by a prosecutor, there is no way for the alleged victim to drop the charges because the police and prosecutor have already filed charges on behalf of the person they believe experienced the domestic violence.
That doesn’t mean the alleged victim doesn’t continue to have a valuable role in the case. When an alleged victim cooperates with the police and the prosecutor, the prosecutor can create a stronger case by using any physical evidence and victim statements.
If an alleged victim gives a statement and then later asks for charges to be dropped or changes their story, the prosecutor often still pushes for the case because they think that the victim is being coerced or is scared of consequences; however, in some cases, when the victim’s story changes and can be corroborated with other evidence, prosecutors may drop the charges.
Remember that getting an alleged victim to dismiss charges or trying to convince them to do so can work against a defendant in these types of cases, and it’s better for defendants to seek a strong legal defense, which is more likely to lead to deals or charges being dismissed.
What if the Evidence is Weak?
Even in cases where there isn’t a whole lot of evidence to support domestic violence reports, prosecutors often fight to push these cases to court. This response is because domestic violence cases have a higher risk of leading to fatalities than many other crimes, so understandably, concerns about domestic violence are taken seriously, which can make defendants feel like they are going through a battle set against them, even though defendants are meant to be innocent until proven guilty.
Not all cases will have strong physical or non-physical evidence, and in these cases especially, getting charges dismissed is possible when you have a qualified lawyer. Lawyers understand the burden of proof that prosecutors must reach, and with that knowledge, they can put pressure on prosecutors to act accordingly. When you have a qualified legal team, you can rest assured that your legal rights will be protected, and it is a lawyer’s responsibility to do their best for their client.
How an Attorney Helps
An /domestic violence attorney can look over a defendant’s case and piece together a narrative based on the evidence around the alleged instance of domestic violence. An attorney is an advocates for their clients, and they work to get the best possible terms for their clients, which can lead to lesser charges or the dismissal of charges altogether. Not all cases are what they seem on the surface, and lawyers have an intimate understanding of the law and how evidence can either prove or disprove certain series of events. A lawyer protects the legal rights of defendants and makes sure that they get the best possible legal defense.
When to Seek A Domestic Violence Lawyer in Ohio
A criminal defense attorney with experience dealing with domestic violence cases is the best option to create a robust defense for those undergoing these types of charges. Seek a free consultation to connect with an attorney who can help you with your case and help you understand the options you have going forward.
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