Can the victim of a domestic violence incident make the charges go away?

On Behalf of Kirsch Daskas Law Group | Jun 15, 2020 | Criminal Defense |

The victims’ testimony is a key point in many domestic violence cases. Even when there is other evidence, the statements the victim makes may tie everything together. They may give their statement at the scene of the incident when the police arrive or they might go to the police station to make it.

Sometimes, defendants and victims make up after the incident. There may have been a misunderstanding that led to the altercation and things just got out of hand. If you’re the defendant in one of these cases, you have to remember a few key points related to the victim’s testimony.

First, it is possible for the victim to recant their testimony. This is done when they want to change what they told police officers or want to withdraw the statement completely.

Second, the victim recanting their statement or even refusing to testify in court isn’t going to get the case dropped. It might make it more difficult for the prosecution to prove their case, but they might be able to do this without the victim. Only the prosecutor or court can drop a case once it’s filed.

Third, the victim recanting a statement or refusing to testify can lead to legal trouble for them in some cases. For example, if they don’t comply with a subpoena, they may face contempt of court or other issues.

Finally, the victim taking back the statement doesn’t stop the terms of an order of protection from being enforced. You shouldn’t have contact with the victim unless the court cancels the order.

If you’ve been charged with domestic violence, it’s imperative that you understand the specifics of your case so you can work on a defense strategy that addresses the applicable points. Your attorney can help you with this.