Can My Spouse Get My Domestic Violence Case Dismissed?
October 16, 2015
You were arrested a few days ago after you and your spouse had a disagreement and the police were called. Now you are charged with domestic battery or another domestic-violence related offense in Okaloosa County. You may already have experienced some of the ramifications of being charged with a domestic violence offense. Specifically, you may have already:
- Spent time in jail until you were either released on your own recognizance or posted a bond;
- Missed time from work because you were in custody;
- Needed to find a new place to reside temporarily due to a no-contact order with your spouse; and/or
- Experienced embarrassment after coworkers, neighbors, and/or other family members found out about your charges.
You are undoubtedly anxious to resolve your Fort Walton Beach domestic violence charges, and your spouse may even be desirous of having the no-contact order lifted so that you can return to the home. Can your domestic violence case be resolved simply by having your spouse tell the prosecutor he or she no longer wants to press charges?
Your Spouse Cannot Cause Your Domestic Violence Case To Be Dismissed
A common misconception in Fort Walton Beach and Destin domestic violence cases is that the victim (most often your spouse) can have the charges against you dismissed. While the victim is certainly free to communicate with the prosecutor and ask that the charges be dropped, the prosecutor is not obligated to honor this request. The victim’s interest in prosecuting the case is but one factor Florida prosecutors consider when deciding whether to prosecute or dismiss a case. Other factors include:
- The policies of the particular prosecutor’s office;
- Your prior criminal history;
- Input from the investigating and/or arresting officer;
- Evidence available to support the charge(s) other than the victim’s testimony.
Be careful about asking the victim to dismiss the charges filed against you. Not only may such a communication be a violation of any no-contact order or protective order that may be in place, but it can also be considered tampering with a witness or victim (which is also a crime). You can easily find yourself charged with additional, more serious crimes by asking the victim to drop your charges.
So How Can I Have My Okaloosa County Domestic Violence Charges Dropped?
The legal advice and representation of a skilled Fort Walton Beach criminal defense attorney represents your best opportunity to have your domestic violence charges dropped or reduced. Your Florida domestic violence lawyer can help the prosecutor see that the facts and circumstances of the case are such that further prosecution (or prosecution for domestic violence) serves no legitimate purpose. You therefore want to hire an experienced Fort Walton Beach defense lawyer who will fully investigate the facts of your case, speak with the victim and others involved in the case, and can present this evidence persuasively to the prosecutor. If the prosecutor is set on prosecuting your case, the investigation completed by your seasoned Okaloosa County defense attorney can be an invaluable tool to aid your defense at trial.
Speak with a Dedicated Fort Walton Beach Criminal Law Attorney for Assistance
Being charged with a domestic violence offense can be unsettling and stress-inducing. You can easily harm your defense and damage your legal interests further by attempting to persuade the victim to drop the charges against you. Instead, enlist the assistance of Fort Walton Beach criminal defense attorney Stephen G. Cobb. He will ensure the facts and circumstances surrounding your incident are made known to the prosecution and that your legal interests are protected. Contact his Fort Walton Beach criminal law office today by calling (850) 423-0035.
1992 Lewis Turner Blvd, Suite 101-B
Fort Walton Beach, FL 32547
Phone: (850) 423-0035