A domestic violence charge is a serious legal accusation that occurs when a person allegedly harms or threatens to harm someone with whom they have a close
relationship. This can be a spouse, partner, family member, or someone with whom they live. The law treats these cases with high importance, and a conviction can lead to very serious penalties.
Getting domestic violence charges dropped can be a complicated process, and the prosecutor must be the one to drop the charges. In some cases, the alleged victim may refuse to testify or may fail to show up at trial. In other cases, the accused may be able to raise a strong legal defense at trial that negates one or more elements of the prosecution’s case.
An experienced domestic violence attorney will vigorously defend you throughout the proceedings and pursue the best possible result available in your case.
What Is a Domestic Violence Charge?
Domestic violence can take many forms. It is not just physical harm, for example, hitting or pushing. It can also include emotional abuse, such as constant criticism or threats, sexual abuse, financial control, or even stalking. Essentially, any behavior that one person uses to control or harm another within a domestic setting can fall under domestic violence.
When someone is charged with domestic violence, it means that law enforcement believes there is enough evidence that a crime has been committed. This charge can come about in several ways. Often, it starts with a call to the police by the victim or a witness. The police will then investigate, which may include talking to witnesses, examining any physical injuries, and gathering other evidence, such as messages or recordings. If the evidence suggests a crime has occurred, the police can make an arrest.
Once arrested, the accused will go through the legal system. They may face various consequences, including jail time, fines, mandatory counseling, and restraining orders that prevent them from contacting the victim. The severity of the penalties depends on the nature of the abuse and whether the accused has a history of such behavior.
Being charged with domestic violence is not the same as being convicted. A charge is an accusation, and the accused has the right to defend themselves in court. To secure a conviction, the prosecution must prove beyond a reasonable doubt that the accused committed the crime.
Potential Legal Penalties for a Domestic Violence Conviction
When someone is convicted of domestic violence, they can face a variety of legal penalties. These penalties depend on the severity of the offense, any prior convictions, and the specific laws in the jurisdiction where the offense occurred.
- One of the most common penalties for a domestic violence conviction is jail or prison time. The length of the sentence can vary widely. For a first-time offense that involves minor physical harm, the offender may face a short jail sentence, perhaps a few months. However, more severe cases involving significant injury, repeated offenses, or the use of a weapon can result in several years in prison.
- In addition to incarceration, fines are another potential penalty. The court may require offenders to pay significant amounts of money, which can range from hundreds to thousands of dollars. These fines are meant to act as a financial punishment and can also help cover some of the costs related to the court process and victim support services.
- Probation is another common penalty. Instead of, or in addition to, serving time in jail, the court may place an offender on probation. During this period, they must comply with various conditions the court sets, such as regularly checking in with a probation officer, attending counseling or anger management programs, and staying away from the victim. Violating these conditions can result in the offender being sent to jail.
- Oftentimes, the courts issue restraining orders – also known as protective orders in domestic violence cases. These orders legally prohibit the offender from contacting or coming near the victim. Violating a restraining order can lead to additional criminal charges and penalties.
- Mandatory counseling or educational programs are often required for those convicted of domestic violence. These programs aim to address the underlying issues that contribute to abusive behavior, such as anger management or substance abuse problems. Completing these programs is typically a condition of probation.
- In some cases, a domestic violence conviction can also result in the loss of certain rights. For example, an offender may lose the right to own firearms.
Possible Collateral Consequences of a Domestic Violence Conviction
A domestic violence conviction can lead to many collateral consequences that extend beyond the immediate legal penalties. These consequences can significantly affect various aspects of an offender’s life, affecting their personal relationships, employment opportunities, and overall well-being.
- One major collateral consequence is the strain on personal relationships. A conviction can damage family dynamics, leading to separation or divorce. It can also affect parental rights, as courts may restrict or supervise visitation to protect the children. The social stigma attached to domestic violence can also strain relationships with extended family and friends, causing feelings of isolation and rejection.
- A domestic violence conviction can also severely affect employment prospects. Many employers conduct background checks, and a domestic violence conviction can be a red flag that makes it difficult to secure or maintain a job. Some professions, especially those involving working with vulnerable populations or requiring a high level of trust, may be entirely closed off to someone with this kind of criminal record. In addition, a conviction can result in the loss of professional licenses, further limiting career opportunities.
- Housing can become another significant challenge. A criminal record can make it difficult to find rental housing as landlords may be unwilling to rent to individuals with a history of violence. In some cases, public housing assistance can be denied or revoked, leading to housing instability.
- Financial stability is often compromised as well. The legal process itself can be expensive, with costs for fines, court fees, and mandatory counseling programs. Coupled with potential job loss and housing issues, these financial burdens can lead to long-term economic difficulties.
- A domestic violence conviction can also affect an individual’s immigration status. Non-citizens may face deportation or be denied entry into the United States. Even for citizens, international travel can become more complicated, as some countries have strict entry requirements for individuals with criminal records.
- Furthermore, individuals with a domestic violence conviction may lose certain civil rights. For instance, federal law prohibits anyone convicted of domestic violence from owning or possessing firearms. This can affect personal security and career opportunities in fields that require the use of firearms, such as law enforcement or the military.
A knowledgeable domestic violence attorney will do everything possible to eliminate or minimize the legal penalties and collateral consequences you ultimately face.
How Do Domestic Violence Charges Get Dropped?
Domestic violence charges can sometimes be dropped, but the process is complicated and varies depending on the circumstances and the jurisdiction. The prosecutor must be the one to drop the charges – not the victim – as domestic violence cases are considered crimes against the state.
- One common reason for charges to be dropped is insufficient evidence. If the prosecutor believes there is not enough evidence to prove the case beyond a reasonable doubt, they may decide to dismiss the charges. This can happen if key witnesses are uncooperative or if there is a lack of physical evidence.
- In some cases, the victim may recant their statement or refuse to testify. While this does not automatically result in dropped charges, it can make it more difficult for the prosecution to proceed. However, prosecutors can still pursue charges based on other evidence, such as police reports, medical records, or testimony from other witnesses.
- The accused (defendant) can raise several defenses to challenge domestic violence charges. One common defense is self-defense. If the accused can show that they were protecting themselves from imminent harm, they may be able to justify their actions. This defense requires evidence that the use of force was necessary and proportionate to the threat faced.
- Another defense is lack of intent. Domestic violence charges typically require the prosecution to prove that the accused intended to cause harm. If the defendant can show that their actions were accidental or that they had no intent to harm the victim, they can avoid conviction.
- False allegations are another possible defense. In some cases, individuals may make false claims of domestic violence out of anger, jealousy, or a desire to gain an advantage in divorce or custody proceedings. The defense can present evidence to discredit the accuser’s claims, such as inconsistencies in their story, lack of physical evidence, or testimony from other witnesses.
- Furthermore, the defense may argue that the incident did not happen as described by the victim. This can involve presenting evidence that contradicts the victim’s account, such as alibis, witness testimony, or surveillance footage.
- Finally, the defense can challenge the legality of the arrest or the evidence obtained. If the police violated the defendant’s rights during the arrest or investigation, any evidence obtained as a result may be deemed inadmissible in court.
Getting domestic violence charges dropped is challenging but possible, especially with strong defenses. The legal process requires careful examination of the evidence and circumstances surrounding the case.
What Happens at a Domestic Violence Trial?
If the prosecutor does not drop the domestic violence charges and the accused does not accept a plea deal, the case may proceed to trial. A domestic violence trial involves several key steps designed to determine whether the accused is guilty of the charges. If the prosecutor fails to satisfy their legal burden of proof, the accused may be found not guilty or acquitted.
A trial begins with the selection of a jury, followed by the presentation of evidence and arguments by both the prosecution and the defense, and ends with a verdict.
- First, jury selection takes place. During this phase, both the prosecution and the defense question potential jurors to ensure they can be fair and impartial. Once the jury is selected, the trial officially begins.
- The trial starts with opening statements. The prosecutor presents an overview of the case against the accused, outlining the evidence and arguments they will use to prove guilt. The defense then gives its opening statement, offering its perspective on the case and highlighting the weaknesses in the prosecution’s arguments.
- Next, the prosecution presents its case-in-chief. This involves calling witnesses to testify and presenting physical evidence, such as photographs, medical reports, or recorded communications. Witnesses can include the victim, police officers, medical professionals, or other individuals with relevant information. The defense has the opportunity to cross-examine each witness, challenging their credibility and the reliability of their testimony.
- After the prosecution rests its case, the defense presents its case-in-chief. The defense may call its own witnesses, including the accused, to provide a different account of events or to introduce evidence that counters the prosecution’s claims. The prosecution can cross-examine these witnesses as well. The defense may also argue that the evidence the prosecution has presented is insufficient to prove guilt beyond a reasonable doubt.
- Following the presentation of evidence, both sides deliver closing arguments. The prosecution summarizes their case and emphasizes the evidence that supports a guilty verdict. The defense highlights any inconsistencies in the prosecution’s case and argues that there is reasonable doubt about the accused’s guilt.
- After closing arguments, the judge provides the jury with instructions on how to deliberate and apply the law to the facts of the case. The jury then deliberates in private, discussing the evidence and trying to reach a unanimous decision. This can take hours, days, or even weeks.
- Finally, the jury returns with a verdict. If the jury finds the accused not guilty, the court dismisses the charges, and the accused is free to go.
An experienced criminal defense attorney can help you decide whether to take your case to court and represent you during all legal proceedings.
Call an Experienced Domestic Violence Attorney Today
If you are currently facing a domestic violence charge, you need to consult with experienced legal counsel about your case as soon as possible. A knowledgeable domestic violence lawyer will make sure that your rights remain protected throughout the process and will aggressively pursue the best possible result in your case.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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