A domestic violence charge in Phoenix can lead to serious consequences that can impact your future. It should not be taken lightly. It can lead to severe punishment and penalties. You must contact a Phoenix criminal defense lawyer if you have been charged with domestic violence. The lawyer can give you legal advice and guide you through the case.
The final decision to dismiss domestic violence charges remains with the prosecutor. They will not simply dismiss the case because the victim doesn’t want to press charges. However, if the victim refuses to cooperate, the case may be dismissed due to a lack of information.
Once you are arrested, a prosecutor can drop the domestic violence charges if the victim is non-cooperative. But before dropping the charges, the prosecutor will consider all the circumstances and facts present in the case.
If there is enough evidence to prove the violence, they may continue with the case. Similarly, if the accused has a violent history or other criminal charges, the prosecutor may decide to proceed with the prosecution in the case of the public’s interest. The prosecutor may use the 911 call as evidence or other witness statements to prove abuse if the victim changes the testimony in court. In some cases, the prosecutor can also subpoena the victim if they refuse to testify. If the victim is uncooperative and inconsistent with their statements to the police, the prosecutor can impeach them.
In cases where the victim doesn’t sustain a major physical injury, or the alleged abuser doesn’t have a previous criminal record, the prosecutor may dismiss the charges.
A domestic violence accusation could lead to an order of protection. This order can stop you from going back home or seeing your children. In situations where the issue is resolved, the victim can drop the order of protection.
An order of protection is a civil matter. The prosecutor cannot influence the victim’s decision to keep the order of protection or drop it.
However, if a related criminal case is pending, then any court orders related to that case would remain in place. If the judge released the accused with the condition that they don’t make contact with the victim, that condition will not be changed. While the victim may drop the order of protection, the defendant will have to follow the court order and not meet the victim. The individual who originally requested the order can go to the issuing court and request the judge to dismiss it.
https://www.lhccriminallawyers.com/ can help you if you have been charged with domestic violence in Phoenix. We understand the seriousness of the accusation and know that your future can be affected if you are prosecuted. We will guide you through the case and do everything to protect your rights.
Lane, Hupp, & Crowley,
111 W Monroe St Ste. 1216 Phoenix AZ 85003,
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If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.