Experienced Criminal Defense Attorney Dedicated To Protecting Your Rights
Photo of New York City

Does the alleged victim control a domestic violence case?

On Behalf of | Nov 7, 2022 | Domestic Violence

Domestic violence charges can stem from various situations. Some of these are misunderstandings, but that won’t necessarily stop criminal charges. Once the police are called to an altercation, they’ll try to determine what’s going on. If you’re arrested for domestic violence, you should learn about your rights and how the case might proceed.

If charges are levied against you, the state is the entity that files the case. Because the victim isn’t the one doing this, they don’t have a say in what goes on with the case. The only way charges can be dropped is if the prosecution drops them or the judge throws them out. 

Some people wonder if the charges will be dropped if the victim stops cooperating, but that’s unlikely to happen. The prosecution can opt to use other evidence in the case against you. The victim could even end up in legal trouble if they are subpoenaed to court and fail to appear so they should be careful about how they handle the situation.

What happens if you reconcile with the victim?

Typically, the court will issue a protective order that forbids you from having contact with the alleged victim in the case. This means that you can’t return home if that person lives in the same home as you. Calling them, visiting them and even checking their social media accounts aren’t allowed. This makes reconciliation virtually impossible if you’re complying with the terms of the protective order. 

Facing a domestic violence charge can impact every aspect of your life. Because these are serious charges, it’s best if you work with someone who’s familiar with these matters.

Archives