How Do I Get Domestic Violence Charges Dropped in Florida?

Understanding the Victim's Role in Your Case

Many individuals assume that the victim in a domestic violence case has the full ability to drop charges against the accused. What may have been a grave misunderstanding, or an argument reported by the neighbors, is now a criminal case. Frequently, all parties involved later regret the altercation and it's fairly common for the victim to request that police drop the charges against the accused.

However, in the state of Florida, if an individual is facing criminal charges for domestic violence it is not the victim who has the authority to drop these charges. While the victim may choose not to pursue the case in civil court, and may not file for an order of protection, ultimately it is up to the state and the prosecuting attorney whether or not to continue with the case. This means that even if a victim states that they would like to drop the charges, you may still face a court hearing and possible consequences.

This is the state's policy for several reasons, and it is designed to protect the victim. Victims in domestic violence cases may be afraid of their accuser and reluctant to go through court proceedings. Other times, the two individuals live together, and one may be financially dependent on the other person or feel pressure to drop the charges. Florida policy alleviates the victim of the challenging decision of whether or not to pursue charges against a person accused of abuse. Furthermore, if you are facing charges and are found to pressure or harass the victim into dropping the case, you may face additional charges for witness tampering and intimidation.

The best route to take if a victim does not wish to have the courts try a case for domestic abuse is for the individual to hire a criminal defense attorney to file a non-prosecution affidavit on their behalf.

Victim Credibility

Other times, the victim does not wish to drop domestic violence charges and intends to continue with the court case. If you're asking how to get charges dropped for domestic violence and this is the scenario, it is essential that you contact a criminal defense attorney to help with your case.

In the event that an individual does pursue a case against you, one of the first things that an experienced lawyer will examine is their credibility. Time and time again, scorned former lovers, co-parents, or angry family members either exaggerate or make false claims regarding domestic violence. There may be a motive, such as in nasty custody battles. However, with a defense attorney such as Matt Shafran on your side, fighting to prove your innocence, we will look into these motives and see if there are grounds for questioning your accuser's credibility. This can help greatly in domestic violence cases, as the courts must be able to prove beyond a reasonable doubt that you are guilty.

Evidence such as witness testimony, a lack of physical evidence or injury, security camera footage, and more, may be useful in this situation. At the Weinstein Legal Team, we will leave no stone unturned when seeking to prove your innocence.

Criminal Cases vs. Civil Suits for Domestic Violence

You may be surprised to learn that you can face both criminal charges for domestic violence as well as a separate, civil lawsuit for the same alleged crime. Being absolved in one case does not provide you with immunity in the other and having a lawyer to represent you throughout both is crucial.

Criminal Cases for Domestic Violence

Criminal cases for domestic violence are tried by the state, and the victim's approval is not necessary to pursue the case. If the police arrive at a scene and arrest you for domestic violence it is a criminal charge and the prosecutor's office will review the facts of your case and determine if there is enough evidence to place you on trial.

If a judge finds you innocent in a criminal case, your accuser may still bring you to civil court.

Civil Suits for Domestic Violence

In the state of Florida, spouses and family members are legally allowed to file lawsuits against each other for civil liability. In the event of a domestic violence lawsuit, your accuser may file a civil suit against you for an intentional tort, or for deliberately acting in a way to cause them harm.

Civil lawsuits are a bit different from criminal cases. In a criminal case, the state must prove beyond a reasonable doubt that you are guilty. However, in a civil lawsuit, the plaintiff must simply prove that you are very likely guilty.

When considering how to get charges dropped for domestic violence, a lawyer will follow similar steps in a civil lawsuit as they would in a criminal trial. The courts will look at the presenting evidence as well as both your credibility and the credibility of your accuser. It will significantly help your case to have character witnesses testify on your behalf.

Getting a Charge Dropped for Domestic Violence

If you are facing criminal charges for domestic violence, don't wait to contact a criminal defense attorney. Possible consequences of a conviction may include losing custody of your children, spending time in jail, having to complete probation, counseling, and more. Furthermore, the courts may grant an order of protection to your accuser, which may result in you having to find a new place to live if you currently reside together.

It is possible to get domestic violence charges dropped, however, you require the help of a skilled attorney to fight tirelessly on your behalf. Contact the Weinstein Legal Team today to start your free case review.