If you are facing domestic charges, even if the victim in the case wants to revoke them or recants their statement, they are not able to stop the case from going forward. It isn’t the alleged victim who is putting you on trial; it is the prosecutor.
Therefore, only the prosecutor is capable of rescinding or dropping domestic violence charges.
It is very rare that a prosecutor will drop charges of domestic violence until the case has been investigated and a decision has been made. If you are considering writing the prosecutor (for getting domestic violence charges dropped against your domestic partner), try to consider all the possible outcomes before taking action.
The reality is that any written statement that you make might harm the case against your domestic partner more than help them. If you write the prosecutor, it might make them press the case even harder.
What you need to consider before you make a written statement
There are instances where a victim’s written statement can help a domestic violence case and others when it can be just a nail in the coffin. It is critically important to know what you should and should not say if you are going to write a statement to the prosecutor.
Anything past “it didn’t happen at all,” can get your domestic partner in more trouble.
For instance, if an alleged victim writes a letter detailing the merits of their domestic partner and states that he is a good man, or that what happened was just an isolated incident, that is an admission of his guilt.
If the case does proceed to trial, the statement made about it being an isolated incident only further lends credence to the fact that your partner did harm you, even if it was only once according to your statement.
The only time that a written statement typically helps is if it says that the incident never happened.
The only time that a written statement might be helpful to get domestic violence orders dropped is if it states that there was no violence. If a domestic partner writes a statement that the alleged incident never happened at all, then it might help to sway the judge when the charges go before the court.
But, it would be highly unlikely that even a written statement that says it didn’t happen will stop charges from being investigated.
Why is it difficult to get domestic violence charges dropped?
There are several reasons why prosecutors are reluctant to drop domestic violence charges. The main reason is that domestic violence is a grave crime and one that typically isn’t a once and done incident. If the charges are dropped, and the allegations are real, the prosecutor is putting the victim at risk of physical harm.
Another reason is that domestic violence charges are often made between two people who are in a relationship and who have homes and lives together. Once the reality of losing a partner is realized, the alleged victim can feel remorseful, forgive her partner, and want the whole thing to go away. But, just because she has forgiven the act, that does not mean that it didn’t happen and that she is not at of risk of getting hurt again.
Many victims who recant their story and get charges dropped find themselves right back in the same situation. The prosecutors in domestic violence cases must keep the victim safe, and even if the victim is okay with an abusive person moving back into their life, it is the prosecution’s job to protect them.
What is a better way to handle your case if you want to get domestic violence charges dropped?
A better way to attempt to get domestic violence charges against your partner dismissed is to hire a lawyer to be your voice. Instead of writing a letter, work with an attorney who can help ensure that even if the investigation continues, charges are not dismissed, and the case goes before the court, your partner will be found innocent.
If you can’t get the charges dropped, then you need a good defense lawyer. Before you take matters into your own hands, talk with a lawyer to find out if your written statement will do more harm than good for your domestic violence case.
