Can a Domestic Violence Case Be Dropped in Georgia

Can a Domestic Violence Case Be Dropped in Georgia

Domestic violence cases are unfortunately more common than many realize, but it’s important to know that many of these charges are dropped before reaching trial. In some instances, the alleged victim and defendant may reach an agreement outside of court, requesting the prosecution to drop the case. Other times, the accuser might refuse to cooperate, or the prosecutor may lack sufficient evidence to proceed.

Regardless of the situation, working with a skilled criminal defense attorney is crucial. Their expertise can help navigate options to resolve disputes outside of court, potentially avoiding harsher punishments such as jail time that come with prosecution and conviction. At Michael Fulcher Law in Morgan County, Georgia, we are dedicated to helping clients facing family violence charges achieve the best possible outcomes.

How Can a Domestic Violence Case Be Dropped?

It is usually very difficult to get such a case dropped regardless of the alleged victim’s cooperation. While family violence victims often ask the state to dismiss the charges, it is usually up to the prosecutor to decide whether to go forward or not.

In instances where the alleged victim has become uncooperative, the court may issue subpoenas to compel them to testify in court even if they are unwilling to do so.

Can a Domestic Violence Case Be Dismissed in Georgia?

Getting domestic violence charges dropped in Georgia In most family violence cases, it is often not the intimate partner or spouse who calls law enforcement to the scene. Instead, it is usually a neighbor or witness who hears a disagreement and feels compelled to intervene. Even if both you and your partner tell the police that there is no need for action, the police may still arrest and charge you with domestic assault. These charges are serious and can have significant consequences on your life.

It is common for the alleged victim to be the one who bails you out of jail, as they may not see themselves as a victim or believe that your actions warrant a court case. In such situations, the alleged victim’s unwillingness to cooperate can play a crucial role. They may attempt to persuade the state to drop the charges, emphasizing their desire to resolve the matter without further legal action. However, achieving this outcome often requires the expertise of a skilled criminal defense attorney who can effectively advocate on your behalf and navigate the complexities of the legal system.

Common Reasons Domestic Violence Cases Are Dismissed

There are several reasons why prosecutors may decide not to prosecute family violence cases, including:

  • Insufficient Evidence: Prosecutors and defense attorneys will investigate the accuser’s case to determine if there is enough evidence to support a family violence charge. They will examine the 911 call, the report by the responding police officer, and other evidence such as photo and video evidence, witness accounts, and physical injuries like cuts and bruises. If they cannot find sufficient evidence to support the alleged victim’s account, the case may collapse.
  • Inconsistencies in the Victim’s Story: The 911 call or the initial report will serve as primary evidence for the prosecution. If the defense attorney can highlight inconsistencies between the police report and the accuser’s account, they can potentially get the charges dropped.
  • Victim’s History of Making False Accusations: If the accuser is known for making false accusations, the defense attorney might question the accuser’s version of events. Combined with inconsistent or insufficient evidence, this can lead to the case being dropped in the preliminary stages.
  • Uncooperative Victim: In many instances, the prosecution’s case hinges on the victim cooperating with the prosecution. Their testimony is crucial for building the case. If the alleged victim refuses to attend the trial or be interviewed as a witness, charges might be dropped.
  • The Alleged Victim Convinces the Prosecution to Drop the Charges: Sometimes, the defendant and accuser may come to an agreement. In rare cases, the victim’s testimony might implicate both parties, or they might agree that they were both responsible for the altercation and decide to come to an agreement.

Michael Fulcher knows all the different options available if you have been charged with domestic assault. Using his years of experience, we will do our best to try to get your domestic assault charges dismissed.

When Are Domestic Violence Charges Dropped in Georgia?

Under Georgia law, a person arrested and charged may get their case dropped by asserting an immunity defense or self-defense, especially when they were involved to protect others.

These defenses are available if you can prove that you were not the aggressor. If you were responding to an initial assault, you can defend yourself, which may lead to the charges being dropped. This defense has been used successfully in family violence battery charges, especially if the accused can demonstrate that they were defending themselves or standing their ground.

The most common affirmative defense is self-defense. This can be particularly effective if the accused can prove that their spouse has a criminal record, a history of alcohol abuse followed by violent conduct, or other incorrigible acts while drunk. To support this defense strategy, it is crucial to find witnesses and gather evidence, including prior police reports of disorderly conduct while drunk and accounts from neighbors, relatives, or children.

Self-defense may also extend to standing up to an assailant attacking an elderly parent, child, or another household resident. This can be a valid claim if the intervention is suitably restrained and appropriate for the situation.

How to Convince a Prosecutor to Drop Domestic Violence Charges in Georgia

While it is impossible to predict whether a domestic violence case will go to court without consulting a lawyer, there are several steps you can take to prepare for a trial and protect your rights:

Gather any records, documents, photos, and videos that could prove your innocence or mitigate the charges if convicted. This evidence is crucial in building a strong defense.

Identify any witnesses who can assert your innocence. Have their contact information and names handy but avoid speaking with them without your lawyer present. Witness testimonies can be vital in supporting your case.

Avoid communicating with the accuser or witnesses, as this could harm your case. It is always best to let your lawyer handle any necessary communication to avoid any misunderstandings or inadvertent admissions.

The most critical step is to work with a skilled criminal defense lawyer in Georgia. An experienced attorney will know how to navigate the legal system, gather evidence, and present a strong defense on your behalf.

Can I Have the Drop Domestic Violence Charge Dropped by the Victim?

Since domestic violence is a crime, the decision to drop charges does not rest with the victim. Many people mistakenly believe that the victim can drop the charges, but this is not the case. Criminal charges are typically brought by the state, not the victim. Therefore, only the state, through the prosecutor’s office, can drop the charges.

While the victim cannot initiate or dismiss criminal charges, they still play a crucial role in the proceedings. The victim may be required to testify against the accused. Although the victim can refuse to cooperate with the prosecution, this could lead to consequences such as being subpoenaed or fined for being a hostile witness.

A victim might influence the dismissal of a family violence charge by altering their statement, though this is not guaranteed. Retracting a statement can carry significant risks, including the possibility of facing criminal charges for providing false information to the court and law enforcement.

Family violence situations can be emotionally challenging and confusing, making it essential to secure the services of a criminal defense attorney. A skilled and experienced domestic violence advocate can provide the legal advice needed to explore all available options. If you have been charged with domestic violence or any other type of assault and hope to get your charges reduced or dismissed, contact Michael Fulcher Law, LLC immediately.