How to Get a Domestic Violence Charge Dismissed or Dropped

A domestic violence charge refers to a criminal accusation involving violence or abuse between individuals in a domestic relationship, such as spouses, partners, family members, or cohabitants. This can include physical assault, threats, emotional abuse, or controlling behavior. If convicted, an accused individual may face penalties such as jail time, fines, probation, and other consequences, depending on the severity of the offense.

In some cases, individuals accused of domestic violence may be eligible to have their charge dismissed or dropped by raising one or more legal defenses to their charge.

If you are currently facing a domestic violence charge, you need experienced legal representation in your corner right away. A skilled domestic violence attorney can review your circumstances with you, determine your potential defenses, and pursue the best possible result in your case.

• Relationship Between the Parties – First, the prosecutor must prove that there is a domestic relationship between you and the alleged victim. Domestic violence typically applies when the victim is a spouse, partner, family member, or someone with whom you live. This relationship is a key part of the case since domestic violence charges only apply to specific personal relationships.
• An Act of Violence or Threat – Next, the prosecutor must prove that some act of violence or a credible threat of violence occurred. This can include physical harm, such as hitting, slapping, or pushing. In some cases, the threat of harm alone can be enough if the alleged victim reasonably believed they were in danger. The prosecutor may use evidence like medical reports, photos, or testimony from witnesses to show that violence likely occurred.
• Intent – Another important element is intent. The prosecutor must prove that you intended to commit the act of violence – or to threaten the alleged victim. For example, they must show that the harm was not accidental. If you acted out of anger or to control the victim, this may be used as evidence of intent.
• Injury or Impact – If there was an injury, the prosecutor must prove that you caused it. Injuries don’t always have to be physical. Emotional or psychological harm, such as intimidation or threats that make the alleged victim fearful, can also be considered. Medical records, photographs of injuries, and testimony from the victim can all be used to establish this element.
• Credibility of the Alleged Victim and Witnesses – Finally, the prosecutor must prove that the alleged victim and any witnesses are credible. They must convince the judge or jury that the victim’s account is truthful and reliable. Your attorney may try to discredit the victim or suggest that they are exaggerating or fabricating the claims.

If the prosecutor can successfully prove all of these elements beyond a reasonable doubt, the court will likely find you guilty of domestic violence.

What are the Potential Penalties for a Domestic Violence Conviction?

A conviction for a domestic violence crime can lead to serious legal penalties, which vary depending on the severity of the crime, whether it’s a first-time or repeat offense and the state’s specific laws. Here are some of the most common penalties that a person convicted of domestic violence may face:

• Jail or Prison Time – One of the most severe penalties for domestic violence is time behind bars. For less-serious domestic violence offenses, like a misdemeanor simple assault or harassment, a person may face up to one year in jail. However, if the offense is more serious, such as aggravated assault or the use of a weapon, it may be classified as a felony, which may result in several years in state prison. Repeat offenders, or those who commit particularly violent acts, are more likely to receive longer jail sentences.
• Monetary Fines – Another common penalty for domestic violence is a fine. The amount of the fine depends on the seriousness of the offense. For a misdemeanor, fines typically range from a few hundred dollars to several thousand dollars. In felony cases, fines can be significantly higher, potentially reaching tens of thousands of dollars. These fines are in addition to any court costs or restitution the convicted person may be ordered to pay.
• Probation – Instead of, or in addition to, jail time, a person convicted of domestic violence may be sentenced to probation. Probation typically lasts from one to several years, during which the convicted individual must comply with certain conditions. These conditions may include attending anger management classes, undergoing counseling, completing community service, or submitting to regular check-ins with a probation officer. Violating the terms of probation can result in additional penalties, including jail time.
• Protective Orders – In domestic violence cases, the court will often issue a protective order (also called a restraining order) to keep the convicted person away from the alleged victim. This order may prevent any contact with the victim, including phone calls, texts, or social media interaction. Violating a protective order is a separate criminal offense and can lead to further legal consequences, including jail time.
• Mandatory Counseling or Intervention Programs – Many courts require individuals convicted of domestic violence crimes to attend counseling or complete a batterer’s intervention program. These programs are designed to address the causes of violent behavior and prevent future incidents.

These potential penalties can be harsh, especially for repeat offenses, making it essential to take domestic violence charges seriously.

What are the Potential Collateral Consequences of a Domestic Violence Conviction?

A domestic violence conviction can have many collateral consequences beyond the legal penalties like jail time, fines, or probation. These consequences can affect different aspects of a person’s life, including their career, housing, and personal relationships. Below are some of the most common collateral consequences an individual may face after a domestic violence conviction:

• Employment Issues – A domestic violence conviction can make it difficult to find or keep a job. Many employers conduct criminal background checks, and having a criminal record may disqualify someone from certain positions, especially those involving children, healthcare, or government work. Some companies have policies against hiring people with violent offenses, which can limit job opportunities. Additionally, if a person holds a professional license, like in teaching, nursing, or law, that license may be suspended or revoked.
• Loss of Gun Rights – In many states, a domestic violence conviction can result in the loss of one’s right to own or possess a firearm. This can have a significant effect on individuals who work in law enforcement, security, or the military, where carrying a firearm is part of the job.
• Child Custody and Visitation – A conviction for a domestic violence crime can seriously affect a person’s ability to gain or maintain custody of their children. Family courts often prioritize the safety of children when determining custody arrangements, and a domestic violence conviction may result in losing custody or only being allowed supervised visits. This can also affect future custody cases, making it harder to regain full parental rights.
• Housing Problems – Many landlords conduct criminal background checks, and having a domestic violence conviction can make it difficult to rent a home or apartment. Public housing authorities may also deny housing to individuals with certain criminal records, including domestic violence convictions, which can limit housing options.
• Damage to Reputation and Relationships – A domestic violence conviction can lead to stigma, making it difficult to maintain personal relationships. Friends, family members, and colleagues may view the convicted person differently, causing strain in their social life and possibly leading to isolation.

Pursuing a Dismissal in a Domestic Violence Case – or Successfully Getting Your Charge Dropped

Getting a domestic violence charge dismissed or dropped is possible, but it requires a strong legal defense. Success depends on the specifics of the case and working with an experienced criminal defense attorney who can develop the best strategy. Here are some of the most common defenses that can get a domestic violence charge dismissed:

• False Allegations – Sometimes, individuals falsely accuse someone of domestic violence out of anger, jealousy, or revenge. If your attorney can show that the allegations were made up or exaggerated, this can be grounds for dismissal. Witness statements, text messages, or social media posts may provide evidence that supports your case.
• Lack of Evidence – The prosecution must prove beyond a reasonable doubt that the crime occurred. If there is insufficient evidence, such as no witnesses, no injuries, or conflicting stories, it may be difficult for the prosecution to meet this burden. In these cases, your criminal defense lawyer can argue for the charges to be dropped due to lack of evidence.
• Self-Defense – If you were protecting yourself from harm during the incident, this fact can serve as a legal defense. For self-defense to apply, you must have believed that you were in immediate danger and used a reasonable amount of force to protect yourself. If your criminal defense lawyer can show that you acted in self-defense, the charges may be dismissed.
• Accidental Injury – Sometimes, a domestic violence incident may have been the result of an accident. If there was no intent to cause harm, your attorney can argue that the injury occurred accidentally, and you should not be held criminally responsible.
• Consent – In rare cases, if the other party consented to the physical contact or confrontation, your lawyer may argue that this was not domestic violence. This defense is more difficult but may apply in certain circumstances.

It’s important to follow legal advice, attend all court hearings, and avoid contacting the alleged victim during the case. A skilled criminal defense attorney will review all of the evidence, challenge any inconsistencies, and build a defense strategy that increases your chances of getting the domestic violence charge dismissed or dropped.

What is a Plea Deal in a Domestic Violence Case?

In some domestic violence cases, a charge dismissal or dropped charge is not possible. However, a plea deal may be acceptable – and even advisable – in certain situations.

A plea deal, also known as a plea bargain, is an agreement between the defendant and the prosecutor in a criminal case. In a domestic violence case, a plea deal typically involves the defendant agreeing to plead guilty or “no contest” to a lesser charge or the original charge in exchange for reduced penalties. This can benefit both the defendant and the prosecution by avoiding a lengthy trial.

How a Plea Deal Works:

In most cases, the prosecutor will offer a plea deal if they believe it’s in the best interest of both the state and the alleged victim. For the defendant, a plea deal may help avoid the uncertainty of a trial, where the outcome is not guaranteed. The defendant may plead guilty to a lesser charge, such as disturbing the peace, instead of a more serious domestic violence charge. In return, the penalties may be less severe – such as probation instead of jail time or a shorter sentence.

Potential Benefits of a Plea Deal:

Plea deals can benefit defendants in several ways. First, they may face reduced charges, meaning the crime on their record will be less severe. Second, the potential penalties, such as fines, jail time, or community service, may be lighter than if they were convicted at trial. Additionally, agreeing to a plea deal can often resolve the case more quickly, allowing the defendant to move on with their life sooner.

Potential Drawbacks of a Plea Deal:

While plea deals have benefits, they also have downsides. By accepting a plea bargain, the defendant gives up their right to a trial. This means they cannot try to prove their innocence in court. Additionally, even though the penalties may be reduced, the defendant will still have a criminal record, which can affect future opportunities.

In a domestic violence case, accepting or rejecting a plea deal is an important decision. An experienced criminal defense attorney can help you understand the terms of the deal and whether it’s in your best interest, given the facts and circumstances of your domestic violence charge.

Speak with a Knowledgeable Criminal Defense Lawyer Today

If you are currently facing a domestic violence charge, it’s vitally important that you speak with a knowledgeable criminal defense lawyer in Austin as soon as possible. Your lawyer can determine your likelihood of obtaining a dismissal (or having your charge dropped) and will do everything possible to secure a favorable result in your criminal case.