Can Domestic Violence Charges Be Dropped in Washington?

Have you recently been arrested for Domestic Violence? Most people within hours of being released from jail will begin asking the same initial questions: What are my options? Can the charges be dropped? Typically, the alleged victim in a Domestic Violence case does not have the ability to have the charges dropped as the charges have already been filed as a criminal matter and are being prosecuted by the State of Washington through the office of the prosecutor.

Domestic Violence Charges-Can They Be Dropped? You need an attorney when you have been charged with domestic violence. He or she can explain the options available to you, provide you with an assessment of your case and then defend you in a court of law. This is especially true if you have been charged of domestic violence in the City of Vancouver or in Clark County, Washington as the criminal court system is a one sided playing field when it comes to domestic violence cases.

Who Decides Whether Domestic Violence Charges Are Dropped?

Washington is a “prosecute on behalf of the state” state. Therefore, even though the alleged victim of domestic violence does not want the charged defendant to be prosecuted, even though the alleged victim of domestic violence is not going to be another witness for the prosecution in a domestic violence case, and even though the alleged victim of domestic violence is not going to testify against the charged defendant in a domestic violence case, the case can still be prosecuted by the charged defendant’s defense attorney and the charged defendant can still be found guilty by a jury of his or her peers.

The following is a list of several factors that are considered by a prosecutor when deciding whether or not to continue to prosecute a domestic violence charge.

  • The available evidence
  • Police reports
  • Witness statements
  • Photographs or video evidence
  • Medical records
  • 911 recordings
  • Prior criminal history, if legally admissible
  • Public safety concerns

Because the decision to continue or dismiss a case is within the discretion of the prosecutor, the alleged victim’s request for dismissal or non participation in the case does not guarantee that the case will be dismissed.

Why Do Prosecutors Continue Some Domestic Violence Cases?

The District Attorney will continue to prosecute a domestic violence case when he or she believes that there is sufficient evidence to prove the case at trial and/or that the case is a matter that the community wants the District Attorney to prosecute.

Evidence may include:

  • Body camera footage
  • Statements made at the scene
  • Physical evidence
  • Text messages
  • Emails
  • Social media communications
  • Testimony from witnesses
  • Medical documentation

Just because one witness changes his or her statement does not mean the entire case can be dismissed. The other information and evidence from other sources of information can be used by the prosecutor to prove the case.

Can Domestic Violence Charges Ever Be Dismissed?

Charges of domestic violence can be dismissed. Whether or not such charges are dismissed will depend on the specific facts of a case, the evidence gathered by the police and the laws of the state where the alleged crime of domestic violence occurred.

Possible reasons a case may be dismissed include:

Insufficient Evidence

There must be sufficient evidence to prove every element of the crime charged beyond a reasonable doubt. Even if one witness changes his or her testimony, if there is sufficient other evidence to prove all of the elements of the crime charged then the case can still proceed.

Constitutional Violations

False or Misleading Allegations – These types of allegations are often made during the time a couple is getting a divorce and then proceed with an investigation to gather evidence. Upon completion of an investigation, it is not uncommon to find evidence that contradicts the original allegations of domestic violence.

False or Misleading Allegations

Many domestic violence charges are made during divorce proceedings or as part of a child custody dispute. A thorough investigation of the false allegations of domestic violence can uncover contradictory evidence of the accused’s innocence.

Lack of Credible Witnesses

Inconsistent or unreliable testimony from a witness can be cause for a domestic violence case to be dismissed.

Every case requires an individual legal analysis.

What Does Alleged Victim Wanting to Drop Charges Mean for Defendant?

The alleged victim of domestic violence can drop the charges at anytime and inform the prosecutor that they no longer wish to participate in the case or even to testify. BUT- the prosecutor is NOT required to dismiss the case.

Depending on the circumstances, prosecutors may:

  • Continue the prosecution
  • Reevaluate the available evidence
  • Offer a negotiated resolution
  • Drop the case as there is not sufficient evidence to secure a conviction.

The outcome of this fact will depend on the facts of your case.

Should You Contact the Alleged Victim?

No contact with alleged victim in domestic violence cases. Many cases are issued with a no contact order or protection order shortly after arrest.

If such an order is in place:

  • Do not call the alleged victim.
  • Do not send text messages or emails.
  • Do not communicate through friends or family members.
  • Do not contact the person through social media.

Violating a court order (even if it was incorrectly issued) is a separate crime and can only add to your troubles.

Remember that even though there may be be no contact ordered by the court, that does not mean you can contact the alleged victim at all. The best thing to do is discuss your options with your attorney and follow the terms of any court order that is in place.

How Can a Criminal Defense Attorney Help?

An experienced attorney can thoroughly and thoroughly review and analyze every phase of your case to protect your rights as a defendant.

Your attorney may:

  • Review police reports
  • Examine witness statements
  • Analyze body camera footage
  • Challenge improperly obtained evidence
  • Identify inconsistencies in the prosecution’s case
  • Negotiate with prosecutors when appropriate
  • Represent you in court
  • Prepare a strong defense for trial if necessary

Early legal representation is typically best.

What to Do After a Domestic Violence Arrest?

If you have been arrested:

  • Remain calm.
  • Exercise your right to remain silent.
  • Do not discuss your case with police or anyone else including friends, family or other neighbors without first speaking with your attorney.
  • Follow every court order.
  • Avoid any prohibited contact with the alleged victim.
  • Preserve evidence that may support your defense.
  • Contact an experienced criminal defense attorney immediately.

By following these steps, you can protect your rights and see your case through to its conclusion in the best possible light.

Why Choose Mcaleer Law?

Mcaleer Law defends individuals charged with domestic violence in Vancouver of Washington.

Clients trust our firm because we provide:

  • Personalized legal strategies
  • Thorough case investigation
  • Careful evidence review
  • Strong courtroom advocacy
  • Clear communication
  • Dedicated protection of your constitutional rights

We understand the seriousness of the charges of domestic violence and will work hard to get the best possible result for our clients in Vancouver, Clark County or other areas of Southwest Washington.

Contact Mcaleer Law Today

Wondering if your domestic violence charges can be dropped? It is never too early to begin protecting your rights. Mcaleer Law can speak with you and discuss your options and how we can proceed with your specific case. We will evaluate the evidence of the prosecution and develop the best possible domestic violence defense for you.

Contact us for a consultation to discuss your rights and the best way to approach your situation.