Getting Domestic Violence Charges Dismissed

Domestic Violence Charges

Couples often find themselves in the separation process from their spouse or significant other, even while still living together. Add shared children to the mix, and the tension and stress of the awkward situation can easily turn a civil discussion into a heated and confrontational argument.

Tempers flare over who will take furniture, how much child support will be demanded, and future visitation arrangements. One party bumps into, pushes, or grabs the other person’s arm in the heat of the moment and a bruise or scratch is apparent.

A visible injury, no matter how slight or preexisting, combined with a fabricated story by a vindictive partner can quickly have you booked and jailed without recourse. It doesn’t matter that the scratch or bruise existed prior to the argument, law enforcement responding to the complaint are required to make an arrest if physical evidence of injury exists on the victim. And they won’t care that the victim instigated the situation, or that the push or scratch injury resulted because you were defending yourself. Your factual account of the altercation will not be considered until after you are arrested and charged.

At this point, you must consult with experienced domestic violence lawyers who have successfully handled many cases just like yours. It is critical to your chances of getting a false domestic violence charge dismissed, dropped or reduced to hire an aggressive attorney who has demonstrated courtroom victories in this specialized area of the law.

We are experienced domestic violence defense lawyers, and we have successfully defended many clients against all variations of domestic violence charges. While it is possible that charges can be reduced or dismissed, securing a dismissal or the reduction of domestic violence charges is a formidable legal challenge. Your chances of having your charges dropped or reduced depend greatly on the skill and tenacity of your legal counsel.

Document All Actions Proving Your Innocence In Writing

When police respond to a domestic violence call they are not looking to sort out a “he said/she said” situation. The police are looking for two things: A believable account of events leading up to the call for police by the alleged victim, and physical evidence of bodily injury on the victim. No matter how the “victim” actually got the bruise or scratch, if you are the accused in this situation, you will be arrested on a domestic violence charge. This “charge the accused and let them defend themselves in court” approach is incredibly frustrating to someone falsely accused as it means being arrested, booked, and the financial pain of retaining the services of an attorney. If you find yourself in this situation, make no mistake, you are in very serious legal trouble. To help your chances of getting this type of charge dismissed or dropped you must take a proactive approach to help your attorney secure the best possible outcome of your case.

Start the defense process of your criminal case by creating your written account of all events involving you and the victim that occurred leading up to your arrest. Do this as soon as you can while your memory of the incident is still fresh and clear, it could prove invaluable to your case later. Take care to preserve all electronic evidence such as text messages between you and your accuser, call logs, facebook/instagram posts, and emails. Then make a list of all people who may have witnessed the incident for your lawyer to interview.

What To Look For In A Domestic Violence Defense Lawyer

The single most important decision you will make when facing a DV charge will be the lawyer who will defend you. Hiring an experienced and aggressive domestic violence lawyer can immediately create an opening for dismissal of charges by highlighting evidence and procedural defects to the judge assigned to your DV case. If your case proceeds to trial, you will be better served by an attorney who is familiar with all aspects of jury trial variables. Familiarity with the system, judges, and prosecutors trying to put you in jail can dramatically improve your odds of a successful outcome in your case. A conviction on any felony or misdemeanor charge can literally ruin your life with permanent protection (no-contact) orders, loss or restriction of child custody rights, loss of firearm ownership rights, and serious fines and jail time. Protect your future by hiring the best lawyer you can find – your future life depends upon it.

Contrary to what most people might think, in many states these charges are not dismissed automatically against the alleged aggressor if the alleged victim decides not to press charges.

For example, Colorado often appears near the top on the list of state’s that have the highest number of domestic violence charges filed each year.

This designation is due in no small part to the fact that Colorado has perhaps the broadest definitions of behavior and actions that constitutes domestic violence between people in the country.

Another factor in the high number of these cases is with six (6) military bases in the state, Colorado has a large and continuous influx of people transferring to the state from states with much less stringent emotional and physical abuse statutes.

This dynamic often results in a predictable scenario where in a heated conversation between a couple, one or the other (or both) use course language or physical contact to make a point. This type of behavior is often perfectly acceptable in the previous location the parties lived in; but in Colorado, these actions will often result in a visit from local police and an arrest for the alleged aggressor.

Later, after emotions have cooled and the alleged victim decides that the whole episode has been blown out of proportion, and he or she contacts the police requesting that the charges be dropped. It is at this point that the often shocking news is delivered to the alleged victim in the case:  Colorado is a “No-Drop” state.  This “no-drop” statute means that by law, DV abuse charges cannot be dropped the alleged victim or by the prosecutors office!

So how do criminal defense attorneys obtain a dismissal in DV cases?  Domestic violence charges can potentially be dismissed if:

Lack Of Evidence

The lack of strong evidence that a crime was actually committed could persuade the prosecutions to drop the charges rather than risking a courtroom defeat.

Uncooperative witness  –

The DV case will still advance regardless if the alleged victim refuses to testify. But the odds of getting abuse charges dismissed increase greatly if the victim substantially alters or recants the account of events that lead to the arrest.

The manpower and resources available to prosecutors dictate they pursue cases that are likely to produce convictions.  However, the victim in DV cases will often feel a confusing mix of shame, guilt, and a strong desire to reconcile with their partner.

The prosecutor will have a difficult time proving guilty of the accused beyond a reasonable doubt if:

  • The victim recants part of their story
  • Has difficulty clearly recalling the sequence of events the night of the incident
  • Is unable/unwilling to appear at a formal deposition in the matter

Domestic Violence Cases Are Fast-Tracked

Don’t delay in seeking out an aggressive Colorado domestic violence attorney. A successful outcome in any domestic violence case requires a very experienced and effective defense attorney working on your behalf.  Contact us today to schedule a free case review: (719) 447-1923.

 

 

 

 

 

Premier Colorado Springs Criminal Defense attorney Michael W. Moran has provided clients with exceptional criminal defense results for over 20 years. If you have been arrested or questioned, call our office today to schedule your free case review: (719) 447-1923.