Why It’s So Hard for Victims of Domestic Violence to Drop Charges

If you are wondering why it is so hard for victims of domestic violence to drop the charges, the answer would be this. The truth is, victims often want to find out how to drop domestic violence charges, but rarely have the power to do so. Once the office of state prosecutor or police has already issued a domestic violence charge against the batterer, the victim would completely be out of authority to drop the issued charges. Why? This is because domestic violence is considered to be a very serious crime. The process behind the criminal charges is often misunderstood. Most of the people accused of this crime believe that the victims are the ones that issued the charges, which is completely wrong. The crimes are managed and governed by your residing state and the state is also the one that issues the criminal charges.

To make it simpler, the victim is not the one who issued that charges, that’s why they cannot drop the charges. The state, particularly, the prosecutor’s office will be the one that will decide whether to drop or move forward the case or the charges. However, even though the victim is not the one who has brought the criminal charges, they still have a very important role to place in the advancement of proceedings.

The Role of the Victim in the Case

The victim will have to play a very important role in a domestic violence case to make it move forward. If, for instance, the case has already reached a trial, the victim’s testimony will be required in the court against the abuser, however, in some states like California, the alleged victim can easily refuse to testify by paying a fine. In some states refusing will make the state charge the victim with a crime. They will also be summoned in court for some purposes or to retrieve evidence or documents for court use. Often, victims are summoned to explain their own side or ask their opinions. If the judge will make a decision on whether the abuser will be released, they will also be summoned to get their opinion about it.

It is important to be aware that victims do not have to have a passive role. To make it simpler, their role isn’t just about testifying in a criminal case, or asking you about their opinions. They also have complete rights to pursue monetary damages from the abuser. In other words, if you were the victim you could sue the abuser for money to pay the damages he/she cost to your life, be it psychological or personal injuries.

Victims are also afforded certain perks to help ensure their protection. They can possibly ask for a restraining order against the abuser. This can provide them safety because of the fact that this order will force the abuser to give up his/her guns for a period of time. Also, depending on the victim’s condition, they may receive an early option to break their lease. If they’re afraid of the batterer being released and they’re thinking that their abuser might hurt them again, they should consider this option in order for them to live more peacefully.

Why The Hoops?

Alleged victims of domestic violence have to jump through a lot of hoops to drop charges for domestic violence. Many people are confused as to why someone who has been arrested for a crime cannot have the charges dropped because their alleged victim doesn’t want them to go to jail. Prosecutors believe that victims of DV will often try and recant their statements later, even if the abuse actually did exist. There are a number of psychological reasons for such a situation to occur, but it is surprisingly common. Some women may feel love for their abuser. Others may feel pity. Regardless, states put these laws into action to help protect victims suffering from psychological afflictions and other men and women who may become victims of abuse in the future if dangerous defendants are not locked up.