In Kentucky, a domestic violence charge typically arises when law enforcement believes someone has committed a crime—like assault—threatening behavior, or harassment, against a family member, romantic partner, or someone in their household.
These cases are taken seriously, with protective orders and jail or prison time as potential consequences. However, dismissal of a domestic violence charge is sometimes possible. Understanding when this happens and what you need to do to have the best chance of this outcome is essential if you’re a defendant facing charges.
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What Does it Mean When Charges Are Dismissed?
When charges are dismissed, it means that the court has dropped the criminal case, and the accused no longer faces prosecution for those specific allegations. A dismissal ends the legal case, and the defendant is free to move forward with their life.
Who Decides Whether Charges Are Dismissed?
A prosecutor is the one who decides whether to dismiss charges. Many people think that a domestic violence victim has the power to “drop charges” and decide whether a case moves forward, but this isn’t true. While a victim can tell the prosecutor they no longer want to pursue the case, or may even refuse to testify against the defendant, the ultimate choice to dismiss belongs to the prosecutor.
If the alleged victim or a key witness refuses to cooperate, prosecutors can still try to move forward and, in some cases, may subpoena that person to testify in court. However, this isn’t a step prosecutors take lightly or often, since forcing a victim to testify can be stressful and is typically unpopular with the court and a jury if there is one. This is usually only done with repeated offenses or when the injuries are extreme.
Situations Where a Domestic Violence Charge May Be Dismissed
That being said, there are situations in which the prosecutor will decide to dismiss the charges.
Here’s when this may occur:
Insufficient Evidence
If the prosecutor simply doesn’t believe they can prove their case because they don’t have enough evidence, they may drop the charges. For example, if there are no medical records or photos of any injuries, and it’s just a he said/she said case, the prosecutor could decide not to move forward.
Failure to Appear or Cooperate
If a critical witness does not appear in court or will not testify, a case could fall apart, especially if there isn’t any other evidence. This isn’t always the case, though. Sometimes there are other witnesses who saw the incident occur, which can be enough to obtain a conviction even without the victim’s testimony.
Self-Defense or Defense of Others
A defendant asserting they acted in self-defense or trying to protect someone else could lead to the charges being dropped if the prosecutor believes that the defendant is telling the truth. While they often go to trial to sort this out, sometimes a decision is made before it gets to that point.
False or Exaggerated Allegations
Charges sometimes stem from exaggerations or flat-out lies. If the prosecutor catches their witness in a lie and knows that the allegations are untrue, they can and should decide to dismiss the charges.
Constitutional or Procedural Violations
If someone’s constitutional rights are violated, for example, an illegal arrest, an unlawful search, or a failure to read the defendant their Miranda rights before an interrogation, certain evidence might be thrown out.
This means it can’t be used against the defendant in court, and can make the case difficult or impossible to win. The prosecutor may decide to just dismiss the charges rather than go through the hassle of a trial that they know they’re going to lose.
Plea Agreement
In some cases, a prosecutor will offer a plea deal to a defendant, allowing them to plead guilty to different, less serious charges, and in return, they will dismiss the domestic violence offenses.
For example, the prosecutor may let the defendant plead guilty to a misdemeanor and drop the felony charges. This is often in the best interest of everyone involved because there’s a guaranteed outcome, and it gets resolved more quickly.
Understanding when your charges can be dismissed isn’t always straightforward, as it depends on the specifics of your case.
What to Do If You’re Facing a Domestic Violence Charge
If you’ve been charged with domestic violence, it’s normal to be scared and confused about what comes next.
Take the following steps to protect yourself and your rights:
Do Not Contact the Alleged Victim
Avoid any sort of communication with the victim, no matter what. Do not try to apologize to them or ask how they’re doing. While the case is ongoing, it’s best to avoid absolutely all contact.
Follow Protective Orders Strictly
Respect every condition the judge places on you in addition to not contacting the victim. This could include staying away from their place of work or their house, even if it’s a home you share together. No matter how unfair the protective order seems, follow the conditions or you risk additional criminal consequences.
Speak With a Criminal Defense Lawyer Immediately
The sooner you retain experienced legal counsel, the more protected you’ll be. A domestic violence lawyer can help you take the right steps and make sure you don’t say or do anything that’s going to harm your case.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
If you’ve been charged with domestic violence and need help, our team is here. Contact Suhre & Associates DUI and Criminal Defense Lawyers today at (502) 371-7000 to schedule a free consultation with a trusted domestic violence defense lawyer.
