Can a domestic violence charge be dropped?

If arrested, domestic violence charges are difficult to have dropped, unless the charges are without merit entirely or the defendant negotiates some form of alterative sentence in lieu of conviction. Specifically regarding domestic violence, many defendants and the complainant (victim) may reconcile after the fact, and in turn, the original victim may refuse to testify against the defendant. However, per today’s statutes in certain states and as a matter of practice in others, the prosecutor cannot drop or dismisses charges based solely on the request of the victim to drop the criminal prosecution. In essence, these laws become commonplace in order to protect domestic violence victims, who are often involved with someone engaged in a pattern of coercive and violent behavior.

With that being said, a number of other methods can be employed to drop or dismiss domestic violence charges. For example, if the charges are fabricated or lack sufficient evidence to obtain conviction, having legal counsel involved may result in dismissal of the charges. Furthermore, although not an entire dismissal, an offender may agree to a plea bargain preventing conviction of the domestic violence offense, if he or she completes some form of alternative sentence, often involving some form of anger management counseling and mandatory probationary period. However, the ability to obtain this form of resolution to domestic violence charges will be subject to case-specific considerations and negotiations between your lawyer and the prosecutor.  For more information specific to your domestic violence arrest, it is imperative to consult with a criminal defense lawyer in the jurisdiction where your arrest occurred.