In the eyes of law, the case of domestic violence is considered a serious criminal act. Once the case is filed by the victim against his/her close relative like husband, the issue no longer remains as a private matter. However, it is almost known that the result of the domestic violence always goes against the accused until the hired domestic violence defense attorney didn’t how to take the advantage of the claims made by the victim and dismiss all the charges. Luckily, in our criminal justice system, you as an accused of the case will be considered innocent until proven guilty by the jury or judge based on the facts/evidence presented by the prosecutor.
However, there are a number of successful defenses applicable to a domestic violence offense that your hired attorney must know to enable your charges to be dismissed. It all depends on the expertise as well as knowledge of a defense lawyer who can be able to whip all the domestic violence charges from your record and prove you innocent of the case.
Instances That You’re Domestic Violence Defense Attorney Can Take Advantage of to Drop Charges That Are Filed against You
In some circumstances, your defense attorney if is really experienced can utilize the opportunity to drop all the charges that are filed against you by the victim. This may enable the domestic violence victim attorney not to further extend the case it may turn against them only. These are the following instance that your defense attorney must be familiar with or before hiring the lawyer you must ask the prospective attorney about these instances that can prove you innocent of the case:
- Lack of evidence- In domestic violence cases, the lawyer of the victim that is prosecutor rely on his/her client’s credibility to prove the case and charges against you. However, if the prosecutor has failed to present any evidence or witness that proves you have intentionally committed domestic violence offense, then automatically the charges made against you will get dismissed by the judge. But, your hired defense attorney needs to be attentive and prove that the evidence present by the victim’s attorney has no relevance to the case.
- Charges are based on insignificant or baseless matters- The accusation of domestic violence is a serious matter that needs to be based on some serious allegations. However, on personal grudges, if someone (victim) files domestic violence case supporting some baseless or say frivolous allegations against the accused, such charges are not acceptable by the court itself. By taking the advantage, the defense attorney can urge the court to dismiss the charge immediately as the allegations don’t worth the seriousness of a domestic violence case.
- Victim is not ready to cooperate- In certain circumstances, the victim is required to testify in support of the allegation that he or she made against the family members such as your spouse or partner. If the victim is not cooperating or refuses to testify, the domestic violence defense attorney may utilize this opportunity and can request the court to drop the case. In a domestic violence case, the victim is required to submit the testimony before the court to prove the accused guilty. But since he/she is not ready to do that the prosecutor being helpless has to drop the case.
If you have been convicted for a domestic violence charge, make sure that your hired defense attorney must be experienced and familiar with all the possible instances that strengthen your case and helps to drop the allegations filed against you.