The moment someone accuses you of domestic violence, your world can feel like it has turned upside down. Suddenly, you face a confusing and intimidating legal system, the possibility of a restraining order, and immense uncertainty about your future. You may feel that the situation was a misunderstanding or has been exaggerated, leaving you scared and unsure where to turn. The answer is complex, but understanding the process is the first step toward building a strong defense and protecting your rights.
Can Domestic Violence Charges Be Dropped or Dismissed?
While a complaining witness cannot simply drop the charges, a case can be dismissed. The terms “dropped” and “dismissed” are often used interchangeably, but they have distinct legal meanings. Domestic violence charges are dropped when a prosecutor decides to abandon the case, which can happen at any point before a trial, often due to a lack of evidence. A case is dismissed by a judge, which can occur because of a legal issue with the case.
Our goal is to pursue every available avenue to achieve one of these outcomes, if possible. A proactive defense strategy involves scrutinizing the prosecution’s case from the outset to identify weaknesses and potential legal errors. By presenting compelling arguments to the prosecutor or the court, we can work to have the charges against you dropped or dismissed.
How to Get a Domestic Violence Charge Dropped
The key to getting domestic violence charges dropped is to demonstrate to the prosecutor that their case is too weak to win at trial. A defense attorney accomplishes this by conducting an independent investigation, gathering evidence, and challenging the prosecution’s narrative. We can often get ahead of the charges by presenting our findings to the prosecutor before they even make a formal filing decision.
California law defines domestic violence primarily as corporal injury to a spouse or cohabitant, or as domestic battery. A conviction under either statute carries significant penalties, including jail time, mandatory counseling programs, fines, and a permanent criminal record. Understanding what the prosecutor must prove is essential. For example, for a corporal injury, the prosecutor must show a traumatic condition, which means a wound or other bodily injury, whether minor or severe, caused by physical force. We can challenge whether the alleged injury meets this legal standard. Successfully fighting the charges often depends on showing the prosecutor that proving every element of the crime will be impossible.
How to Get a Domestic Violence Case Dismissed: Defense Strategies
Once the prosecutor files charges, the focus shifts to convincing a judge to dismiss the case. This involves filing legal motions and preparing for trial. We will explore several defense strategies to determine the most effective path forward for your specific situation. In the meantime, we know you might be wondering how to get a domestic violence case dismissed. Therefore, we’ve put together information on some of the most commonly used methods.
Challenging the Allegations and Evidence
Many domestic violence cases rely heavily on the testimony of the complaining witness. If their story is inconsistent, contradicts physical evidence, or lacks credibility, the foundation of the prosecutor’s case can crumble. We thoroughly examine all reports, statements, and communications to find discrepancies. Furthermore, if the accusations are not supported by evidence, such as photographs of injuries, medical records, or testimony from third-party witnesses, we can argue that the prosecution cannot meet its high burden of proof.
Arguing Self-Defense
You have the right to defend yourself from harm. If you only used the amount of force reasonably necessary to protect yourself or someone else from being injured, this can be a complete defense to a domestic violence charge. Under California law, a person is justified in using force if they reasonably believe they are in imminent danger of suffering bodily injury. We can present evidence, such as your own injuries, a history of abuse by the accuser, or witness accounts, to show that your actions were taken in self-defense or the defense of another.
Uncovering False Accusations
False allegations of domestic violence can arise from contentious divorces, custody battles, or other disputes where one party seeks to gain an advantage over an innocent party. In such situations, we strive to expose the accuser’s motive for lying. Evidence of a motive, combined with a lack of credible supporting evidence, can be a powerful tool in persuading a judge to dismiss the case. Can a domestic violence case be dismissed? The answer is yes, it can be. And accomplishing a dismissal often involves proving the accusation is unfounded.
Identifying Constitutional Violations
Police must follow strict procedures when investigating a crime and arresting a suspect. If law enforcement has violated your constitutional rights, we can file a motion to suppress any evidence obtained illegally. Common violations include:
- Searching your home or property without a warrant or probable cause,
- Failing to read you your Miranda rights before a custodial interrogation, or
- Coercing you into confessing.
If a judge grants a motion to suppress key evidence, the prosecutor may be left with no choice but to drop the charges.
Why Choose Esfandi Law Group?
When your future is on the line, you need a defense team with a proven record of success. Seppi Esfandi, our lead attorney, has been defending clients in California for over 23 years. As a former Deputy Public Defender, Seppi brings a deep understanding of the criminal justice system to the table. Our firm’s case results speak for themselves. We have successfully secured dismissals and favorable outcomes for clients facing the exact charges you are currently researching.
Recognized as one of the top criminal defense attorneys in California, Seppi knows how to get a domestic violence charge dropped, having done so time and again. We apply our deep knowledge of California law and courtroom strategy to protect our clients’ freedom and futures.
Take Control of Your Future Today
Facing a domestic violence accusation can feel isolating, but you do not have to go through it alone. The actions you take now can have a lasting impact on the outcome of your case. An experienced attorney can stand between you and the prosecution, challenge the State’s evidence, and build a defense aimed at getting your charges reduced or dismissed. Contact Esfandi Law Group to schedule a consultation today and take the first critical step in your defense.
