For this to happen, there has to be lack of sufficient or admissible evidence for a domestic violence charge to be dismissed. In addition, the government prosecution has to show convincing evidence that beyond a doubt the defendant perpetrated the crime.
Often it is not a good idea to speak with the alleged victim and accuser even if they are someone you are very close to and you think the best way to solve the situation is without any law enforcement or legal involvement. But speaking to the alleged victim can further damage your case and it is a fact the courts as well as the police are involved once charges have been imposed. Remember, like any other state, Arizona has tough penalties for domestic violence crimes. Furthermore, if you are convicted, the consequences may impact the rest of your life, both personal and professional.
It is a fact some arguments get out of control and one party calls the cops, but what happens when the purported victims later change their mind? If you or your partner wants to get domestic violence charges dropped in Arizona there are some things you must know. It’s not entirely “up to you” to drop charges after they are filed.
Firstly, domestic violence prosecutors in Arizona know there are circumstances when people press domestic violence charges in spite of no violence occurring. And the majority of these people attempt to have the charges dropped within a few hours or days. But dismissal of the charges is not easy as Arizona has a reputation for looking out for the accused. Arizona is known about “law and order”.
Grounds For Dropping Domestic Violence Charges In Arizona
If there is insufficient evidence a crime was committed, a defendant may be able to have the charge dismissed if it cannot be proven beyond what is known as a “reasonable doubt.” In which case, there is not a charge against you the state can address, and a motion can be filed by your attorney dismissing whatever charges have been opened against you in this scenario.
Witness Is Uncooperative
A witness who is uncooperative, is someone who in good faith steadfastly refuses to take part in testifying in a truthful manner about allegations of a domestic violence. Even in circumstances where the individual alleging to be the victim wants the charges to be dropped, the case will not automatically be dismissed. Dismissal is up to the government, not the taxpayer. The proper procedure is that the courts will look at the case even with the refusal of victim testimony. That said, the government and its assigned prosecutor often finds it a lot tougher to prove the defendant guilty in these circumstances.
Source: “Can the Victim Drop Domestic Violence Charges?” Findlaw, https://family.findlaw.com/domestic-violence/can-the-victim-drop-domestic-violence-charges.html.
Contact Our Domestic Violence Attorneys In Scottsdale, AZ
Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the legal issues that inevitably arise.