A violent act committed against a victim by someone in their domestic circle is considered an act of domestic violence. Their domestic circle is made up of people they are in or have been in a close relationship with. An accusation of domestic violence is grave and carries serious penalties.
If you or a loved one faces a domestic violence charge, you may be wondering the best way to have those charges dismissed. First and foremost, you should speak with a domestic violence lawyer in Indiana to ensure that your rights, freedom, and reputation are protected.
How Domestic Violence Offenses Are Defined
The distinction between a violent crime and an act of domestic violence is that the two people involved in the altercation have or had a close relationship. The relationship between the accused and the alleged victim will fall under one of the following categories:
- Spouse or ex-spouse
- Those in a dating relationship
- People who live together
- Familial relations
- Ex-boyfriend or girlfriend
- A person with whom a child is shared
For a conviction to happen in a domestic violence case, the prosecution must demonstrate that the accuser was the victim of violence perpetrated by a person they were in one of the above relationships with.
Ways a Domestic Violence Charge Can Be Dropped
If you have been accused of domestic violence, you are probably concerned about the consequences and hope that the domestic violence charge can be dismissed. Charges such as these can follow a person and make life much more complicated. Having the charges dropped is in your best interest.
Because of this, it is taken out of the hands of the victim, and the state will decide whether to press charges or not. The state does not weigh the consequences of whether or not filing charges is in the best interest of the victim. Their only concern is whether a crime was perpetrated.
Avoiding Charges of Domestic Violence
Indiana may dismiss domestic violence charges or not file them for various reasons. Some of these reasons are listed below:
- The accused hires an experienced domestic violence lawyer. The domestic violence lawyer is able to convince the prosecution that they do not have a case and it would be pointless to file charges.
- There is a lack of evidence that the domestic violence actually took place.
- The proof is provided that both parties were fighting, making it mutual combat.
- Both parties are taken into police custody.
- The victim did not sustain injuries.
The victim weighing in on the domestic violence charge rarely carries much weight since it is so often done by people who are abused. Having a domestic violence attorney standing between you and the charges can often help the prosecution avoid pressing a domestic violence charge.
Your domestic violence defense attorney will go through each step with you. But, basically, this is how things happen:
- The police are called, and an arrest is made.
- A court date is set.
- Bail is typically posted at this point.
- Once the charge is made, your attorney may ask that it be dismissed.
If you can avoid the charge before it happens, that is ideal. To do this, your attorney will compile evidence that demonstrates your innocence. The police who made the arrest will have compiled evidence that shows that the arrest should have taken place, meaning they would overlook evidence that said otherwise.
It is the job of a domestic violence attorney to prove to the prosecution that the case is unwinnable and that charges should not be filed in the first place. The other way to avoid a conviction is to bring it before a jury and have the case dismissed. But this is not the first route your lawyer will take.
Contact Wruble Law LLC Today
If you are facing domestic violence charges, reach out to Wruble Law LLC today. Let our experience and skills at having domestic violence charges dropped benefit you. We will review your case and determine the best strategy to protect your freedom. Call today for a consultation.