Domestic Violence: The victim cannot “drop the charges”

Law Offices of EJ Stopyro
Orange CountyDomestic Violence Lawyers
Domestic Violence Attorney in Orange County

Very often, in the heat of an argument between people who live together or who are dating, one person, (the “victim”) will call the police and report that the other person has harmed or assaulted them in some way. Once the police arrive it is almost a certainty that someone, (the “defendant”), is going to jail and will be charged with domestic violence.

Domestic violence can be charged as a misdemeanor or a felony. If the victim has any visible injury, however slight, the crime may be charged as a felony. For any domestic violence charge the victim faces jail time, a mandatory year-long anger management class, and a protective order (restraining order) preventing the defendant from having any contact with the victim—which can result in the defendant having to move out of his or her home.

Usually, the victim had no idea that the call to the police would bring such serious and dire consequences. In fact, in the vast majority of domestic violence cases handled by the Law Offices of EJ Stopyro, the victim desperately wants to “drop the charges” against the defendant. Unfortunately, it just doesn’t work that way. The victim is not the one bringing charges against the defendant—the District Attorney (DA) is the one bringing charges.

The victim is just a witness in the case. In fact, the DA will actually force the victim to testify against the defendant by serving the victim with a subpoena—an order by the court for the victim to show up and testify. If a victim doesn’t show up, the victim can be arrested and held until a new trial is set. Simply put, the DA doesn’t care whether the victim wants to prosecute the defendant. If the DA has enough evidence to convict the defendant the DA will proceed with prosecution despite the victim’s wishes.

If the victim does testify but recants the allegations of domestic violence, (changes his or her story), the DA can then use the police report to impeach the victim. The DA can tell the jury what the victim told police when the incident happened, making it clear that the victim has changed their story to protect an “abusive” defendant. Thus, handling a domestic violence charge can be tricky and should be handled by a professional with the training and experience to effectively dismantle the case against the defendant.

If you or a loved one are facing a domestic violence charge, call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential telephonic consultation. You’ll speak directly to an Orange County domestic violence attorney who can help explain the charges against you, the possible penalties and what options and defenses are available to you.

Law Offices of EJ Stopyro

Orange County Domestic ViolenceLawyers
Domestic Violence Attorney in Orange County