Can a Victim of Alleged Abuse Drop a Domestic Violence Charge in California?

Arguments between spouses and dating partners can grow heated from time to time. You may raise your voice, storm away from your partner, or need a few hours (or even days) to calm down before you can work through the disagreement and move forward. Although many couples are able to sort through their misunderstandings and conflicts through open communication and active listening strategies, some relationship dynamics turn manipulative or even abusive. Domestic abuse usually emerges gradually over time, slowly growing into more intense acts of control or physical violence. Unfortunately, many survivors of domestic violence feel ashamed of finding themselves trapped in an unhealthy and dangerous situation, leading them to suffer in silence. If your spouse, dating partner, or roommate is subjecting you to acts of domestic violence, it’s essential to recognize that you are far from alone. The California Department of Public Health (CDPH) reports that one in five women (and one in seven men) have “experienced severe physical violence from an intimate partner in their lifetime.” Moreover, domestic violence encompasses several forms of abuse, ranging from acts of physical violence to emotional manipulation to coercive control. 

While there is no doubt that incidents of domestic violence do happen, exaggerated or false allegations of domestic violence can be made against a person at any time. For instance, a spouse seeking a divorce may leverage false accusations of domestic violence against the other party in order to gain a favorable child custody arrangement. The unfortunate reality is that allegations of domestic violence can upend the defendant’s life—even if there is no basis for these accusations. Even if the allegations are eventually disproven, or the alleged victim later takes back their accusations, the reputational damage has been done. If someone is accusing you of domestic violence in Palmdale or Lancaster, FORMER DEPUTY DISTRICT ATTORNEY and FORMER JUDGE PRO TEM David Wallin is ready to defend your best interests at every turn. Contact our office as soon as possible to arrange a free consultation with a certified criminal law specialist who has over 35 years of experience in legal advocacy. This post will explore how domestic violence cases in California typically proceed, especially when the alleged victim changes their story or decides that they want to have the charges dropped. Working with a trusted and knowledgeable Palmdale domestic violence lawyer is the best way to maximize your chances of securing a fair and favorable outcome.

Domestic Violence Charges in California

California has some of the most extensive legal protections for survivors of domestic violence. Prosecutors take domestic violence crimes seriously, often seeking the maximum penalties available to demonstrate California’s strong opposition to acts of domestic abuse. Although there is not one specific “domestic violence” crime under California law, those accused of domestic violence may typically face a misdemeanor charge. However, repeat offenders or defendants who cause severe injury to the alleged victim (or who use a firearm or dangerous weapon to threaten or intimidate the alleged victim) may face a felony charge, which carries more serious and lasting penalties. Unfortunately, you can expect to be treated like a criminal from the moment that law enforcement arrests you for a domestic violence crime. Even if you know the charges against you are baseless, people tend to assume the worst and treat you as guilty long before you have the chance to defend yourself. Now is not the time to put your future in the hands of fate—contact experienced domestic violence attorney David Wallin right away to start preparing a solid defense strategy to keep your future bright. 

Can Domestic Violence Charges be Dropped in Palmdale?

Most incidents of domestic violence occur in private, which means that such cases often come down to one person’s word against the other’s. Prosecutors rely heavily on the testimony of the alleged victim, as this individual can provide details of the abuse and attest to the acts of violence that they have endured at the hands of the alleged abuser. However, there are times when the victim changes their mind and wants to drop the charges. For example, they may recant their account of what happened or simply want to move on with their lives without having to participate in this lengthy and stressful process. As the defendant charged with domestic violence, having your accuser express their desire to drop the charges may seem like a good thing. Unfortunately, the decision as to whether to proceed with the case is up to the prosecutors and the court—not the victim. While the alleged victim may vocalize their wish to prosecutors and urge them to drop the charges, the prosecutors may still move the case forward and present other forms of evidence to build their case against the defendant. If you are looking for a dedicated and reliable lawyer for domestic violence defense in Palmdale, call FORMER DEPUTY DISTRICT ATTORNEY and FORMER JUDGE PRO TEM David Wallin today to get started.

Dropping Domestic Violence Charges in California

It’s essential to recognize that there are other ways of dropping domestic violence charges in Palmdale and Lancaster. Your highly qualified Lancaster domestic violence defense lawyer will help you identify the most strategic path forward to have the charges reduced or dismissed. Depending on the specifics of your case, your attorney may seek to have the prosecution and the court dismiss the charges due to insufficient evidence, contradictory witness statements, or the violation of your constitutional rights at the time of your arrest. No matter what the details of your situation may be, you can trust that FORMER DEPUTY DISTRICT ATTORNEY and FORMER JUDGE PRO TEM David Wallin will work tirelessly to help you secure the best possible outcome that keeps your future secure and bright. We proudly offer flexible payment options, so schedule your free consultation with us today. 

If you are facing domestic violence charges in Palmdale or Lancaster, you need reliable and effective legal representation to ensure your freedom and future are protected. With over 35 years of experience, FORMER DEPUTY DISTRICT ATTORNEY and FORMER JUDGE PRO TEM David Wallin is ready to defend your best interests at every turn. Call the Law Offices of David M. Wallin today at (661) 267-1313 to schedule a free consultation with a certified criminal law specialist. Payment plans are available, so call today!