Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law Group
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 Published On Jul 22, 2022

Why am I being charged with DV if the named victim wants the case dropped?
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Transcript:

Why are you being charged with a domestic violence case? If your significant other doesn't want it to happen? The tough answer is because it's no longer their decision. So basically what happens is when a domestic violence incident is reported, or an alleged domestic violence incident is reported, the moment that report comes in, the situation is officially out of the hands of the named victim, or the person making the report. So let's say for example, if we have a husband and wife situation, and the husband calls the cops on the wife and says, this is happening, she threw a cup of my head, I need you all to come over here and break this up. The husband's not intending to have anything happen other than separation, he's not trying to get her in trouble. He just needs some some help dealing with this, this marital disagreement that the two of them are having. From the moment that call comes in, though, it's completely out of his hands, because once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way. So if they believe that there's probable cause for a domestic violence incident, even if the husband is begging them not to charge his wife or take her to jail, he doesn't get a say. So unfortunately, what we see happening is people will call and ask for, like, basically a separation, if often that happens when people are drinking and people get into fights. We've all we've all been in relationships that aren't the best and you get into arguments. But what will happen is a lot of the times we see the cops being called to break up an argument, and then it results in someone getting charged when the spouse did not want their spouse to go to jail didn't want them to be charged. But in a domestic violence case, once law enforcement is involved, the basic idea is it's no longer the people dealing with their marital issue. It's the state coming into your marriage and taking over and once that happens, you have no control. You have to go through the process. That's why it's crucially important that you hire a criminal defense attorney specialized in working on domestic violence cases to help walk you through this process and make sure that you get through this successfully.

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