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    Can a Domestic Violence Victim Drop the Charges?

    Posted on: December 8th, 2021 by Dod Law

    While many may think that a victim can simply drop domestic violence charges, the victim does not have the authority to drop the case once they submit a charge. The state of California has the sole authority to file criminal charges, so once there is an issue of domestic violence, they are the only ones that can handle the charge.

    If a close partner or individual accuses you of domestic violence, it’s essential that you seek legal representation immediately. An experienced California defense attorney will assist you throughout your case and offer detailed legal advice about.

    Why Can’t a Domestic Violence Victim Drop the Charges?

    Since the individual who submits a domestic violence account does not have the authority to dismiss the charge, the district attorney’s office makes the final decision about the case. Whether they drop the charges or not depends on the contents of the initial report, police report, injuries or harm sustained, and any prior domestic violence incidents.

    Under California Evidence Code Section 1109, the district attorney’s office can use any prior domestic violence report in the current case. All the evidence gathered will either cause the case to be dropped or continue to court. Talking with your attorney about collecting evidence for your case and what your next steps will be is crucial to your case.

    How to Prepare for a Domestic Violence Case

    When you are accused of domestic violence, you risk losing your essential freedoms. From child custody to future career paths, a domestic violence charge can cause you to lose access to many privileges. Below are some tips that can help you navigate your domestic violence case.

    Follow the Protective Orders

    Protective orders are conditions that a court places on a victim of domestic violence to limit or restrict contact from the defendant. While a no-contact order makes it so that the accused and victim cannot have contact, a partial order allows some contact with the individual. It’s vital that you take caution and discuss options with your domestic violence lawyer before contacting the individual.

    Do Not Speak about Your Case

    When you’re in a challenging situation, it may be difficult to keep your frustrations in and not confide in a close friend or family member. However, it’s crucial that you do not discuss the details of your case with others outside of your attorney. If you are struggling to relieve emotional distress, talking with an emotional therapist can be a great way to navigate the stress of a domestic violence case.

    Be Careful of Your Actions

    Receiving another charge for negligent actions can be detrimental to your case. For example, if you receive a speeding or reckless driving ticket, the charge can work against you in your domestic violence case. When a lot is riding on your case, you’ll want to take the necessary precautions to keep yourself safe.

    Find a Reliable Defense Attorney

    Without a dependable criminal defense attorney by your side, you may make detrimental mistakes that can cost you your case. Having someone by your side who understands the domestic violence case process is essential to helping you receive the best possible outcome. A defense attorney can make sure you have all the necessary documents, evidence, and information for your case.

    A domestic violence charge can turn your life upside down. Your relationships, career, and freedoms can greatly suffer without the help of a California domestic violence defense attorney.

    Contact Attorney Dod for an Experienced Defense Lawyer in California

    The sooner you contact a domestic violence defense attorney, the more time they have to prepare you for your case. Gathering evidence, navigating you through legal proceedings, and offering counsel are all examples of ways an attorney can assist you with your case.

    Dod Law, APC is ready to help you every step of the way. We understand how stressful this situation can be and how your life is at risk of changing forever. With 17 years of experience advocating for the rights and interests of our clients, we’ve gathered countless positive testimonials and past results that can show you our dedication.

    Call (619) 814-5110 or fill out our contact form to learn how Attorney Dod can help you.

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