Can a victim of alleged abuse drop domestic violence charges in California? The court system does not allow individuals who make domestic violence allegations to drop their charges. Instead, it is up to the district attorney to decide whether or not to drop the charges.
However, there are steps an alleged victim can take to get domestic violence charges set aside. At the end of the day, the decision will still rest with the district attorney. The Simmrin Law Group can help you learn more about domestic violence charges. Just call (310) 997-4688 and speak with a member of our team.
Only the D.A. Can Drop Domestic Violence Charges in California
Technically, only the district attorney can drop domestic violence charges after an accusation in California. This means that the alleged victim cannot change their minds once they call the police. At this point, the decision is out of the alleged victim’s hands.
There are steps the alleged victim can take if they want to get domestic violence charges dropped here in Los Angeles. The alleged victim can decide to complete an “affidavit of non-prosecution.” This affidavit states that the victim does not want to pursue charges.
An alleged victim can present this affidavit to the court. In some cases, a district attorney will decide to drop the charges after receiving this document. However, the district attorney does not have to drop the charges. They can choose to disregard the affidavit.
How to Get Domestic Violence Charges Dismissed
The alleged victim cannot drop domestic violence charges in Los Angeles. However, a violent crimes lawyer in our area can take steps to get these charges dismissed. A lawyer can step in and file a motion to dismiss if you are accused of domestic violence.
A motion to dismiss asks the court to set aside the charges you are facing. The court may dismiss domestic violence charges if:
- There is insufficient evidence to show abuse occurred
- Your rights were violated during or after a domestic violence arrest
Getting a domestic violence charge dismissed means that you will not face a conviction. Find out more by contacting the Simmrin Law Group at (310) 997-4688. Our domestic violence lawyers in Los Angeles are here to help with your defense.
Let Us Help You Build Your Defense
You can get legal assistance if you are facing domestic violence allegations in Los Angeles. A lawyer can build a defense if your charges are not dismissed or dropped. Depending upon your situation, a lawyer can work to show that:
You Hurt Someone Else by Accident
Generally, domestic violence only occurs if you intentionally harm someone for unlawful reasons. If you accidentally struck someone, you could avoid a domestic violence conviction.
You Were Acting to Protect Yourself
You are allowed to react forcefully in self-defense here in Los Angeles. You should not face a violent crime conviction if you hurt someone while protecting yourself or another person.
You Were Falsely Accused of Domestic Violence
Sometimes, people make false domestic violence accusations here in Los Angeles. We can help build your defense if you are accused of a crime you did not commit. Find out more by contacting us right now.
Results of a Domestic Violence Conviction in California
It’s important to take domestic violence allegations seriously here in California. A conviction for domestic violence can have serious impacts on your life. Individuals convicted of domestic violence can face:
- Jail time
Additionally, a domestic violence conviction can make it more difficult to get custody of your children during a divorce. The court may also restrict the amount of alimony you receive if you were convicted of domestic violence.
Take charge if you are facing domestic violence accusations by contacting us. Members of our team can help, even though the alleged victim cannot drop the charges.
Call the Simmrin Law Group Now for Help with Domestic Violence Charges
An alleged victim of domestic violence cannot drop the charges in California. Only the district attorney can do that. The Simmrin Law Group can help you face domestic violence allegations right now. Our team is ready to stand up for you. Call us at (310) 997-4688 or fill out our online contact form. Discuss all your legal options with a free consultation.