Domestic violence cases often get dismissed because of a lack of evidence, an accuser’s history of false accusation, and an accuser’s failure to cooperate with the prosecutor or District Attorney. At times, law enforcement may dismiss domestic abuse reports as misunderstandings by third parties when there has been no actual act committed against another person.
Causes of Domestic Violence Cases Dismissal
Lack of Evidence
Evidence showing that no domestic violence crime happened or that the crime was not as severe as the accuser claims can lead to a case getting dropped. If a case gets dismissed due to lack of evidence, the judge will usually make a ruling at the preliminary hearing.
The prosecutor is required to present enough evidence at the preliminary hearing to show that there is reasonable cause to believe that the accused committed an act of domestic violence against another person. If the prosecution fails to meet this burden, then the case may be dismissed. A 24-hour lawyer can assess the case of a person facing domestic violence charges to determine if his or her case can get dismissed and what steps the person must take to prove his or her innocence.
The Accuser’s History of False Accusation
If a defendant can show evidence of the accuser’s history of making false accusations, this information may be enough grounds for case dismissal. It’s up to the judges, however, to consider the accuser’s previous acts when determining if his or her current claims are valid. In many cases where the accused has been falsely accused before, the court might choose to dismiss an assault case despite the evidence provided.
Failure to Cooperate with the Prosecutor or District Attorney
If the accuser is not cooperating, then it makes prosecuting that case challenging. Sometimes, prosecutors will file charges and then later dismiss those charges when the accuser refuses to cooperate after a certain period. There are deadlines as far as how long a prosecutor has to bring charges. If the prosecution files charges but cannot make the accuser cooperate after a certain period, all domestic violence charges can get dismissed.
Misunderstanding
If law enforcement officers, prosecutors, or District Attorney believe that there was some misunderstanding between the accused and accuser, then the charges could be dropped. This usually happens when both defendants and victims claim that third parties misunderstood them about what occurred during an episode.
