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Can I drop a domestic violence charge?

On Behalf of | Oct 21, 2020 | High-conflict Divorce

A domestic violence situation can be quite dangerous when you involve law enforcement and officers arrest the other person. It is helpful to know what to expect and if there will be criminal charges in your situation.

The Kentucky Coalition Against Domestic Violence explains that the decision to press charges in a domestic violence case is up to the prosecutor in the case. You have no choice as the victim and no right to give permission or deny the prosecutor the right to bring charges in your case.

Understand this detail

You should note, though, that the law does not require mandatory prosecution of domestic violence cases. This means that the prosecutor is under no obligation to bring charges. If you do not pursue it and the prosecutor does not feel there is a solid case or enough evidence to prove the case, then he or she will likely not bring charges.

Prepare for a court hearing

In the event the prosecutor does charge the other person with domestic assault charges or other related charges, you should prepare for this. You want to ensure that you are safe or able to seek a safe place if needed. It can help to work with an advocate who can help you to create a safety plan. You should begin doing this as soon as an arrest occurs right after the incident occurs so that you are ready if the prosecutor does file charges.

You can stay updated on the case through the VINE Court Services, which will provide you with notifications about the status of the case, such as if the person leaves custody.