Once a charge is filed there are many factors that lead to a prosecutor's decision on how to proceed. A domestic violence charge can be dismissed but it's not as easy as most people think. An experienced criminal defense attorney will be needed if you are facing domestic violence or assault charges.
So can a domestic violence charge be dismissed?
Yes. But a prosecuting attorney must decide to dismiss a charge. Even the person who is alleged to have been abused does not have the authority to drop the charge. This does not make sense to people since the abused person “filed the charge”. A reading of the charge explains why this is the case: It is "The State of Ohio v. (Defendant)"---this correctly implies that the victim is merely a witness/victim.
The police or a prosecutor filed a criminal charge on their behalf after being called to the scene of an alleged domestic violence or assault violation. That first step in the process starts a chain reaction that has to end in a criminal courtroom. Here is how: Most domestic violence situations involve a call by an alleged victim or a neighbor. Because these types of situations turn deadly with a higher frequency than other assaults and special interest groups many prosecutors will push these types of allegations even if the evidence is not particularly strong. A case is evaluated by prosecutors to see if the alleged victim continues to tell a similar version of events that was told to police. If so, a prosecutor has a cooperative victim and there is normally some physical evidence – such as a scratch, bruise, blood…to help corroborate the original story. This is considered a stronger case for a prosecutor.
Here is where it gets confusing: If the alleged victim gave a statement in the heat of the moment and later tells a different story and asks that charges be dropped it can be perceived by a prosecutor that the victim is scared or being coerced into lying and telling a “new story”. This is a typical time that prosecutors proceed to trial and push for convictions even without a cooperative victim. Admissions made by an alleged perpetrator, physical evidence, and police testimony can secure convictions. Sometimes prosecutors will dismiss a case if the new version of events makes sense. Sometimes they will proceed to trial with the theory that those most willing to tell a new version of events are the people who should be trusted the least and therefore lose their credibility.
Strong criminal defense from a trial attorney who knows the complex intricacies of how this type of decision is made can be all the difference. Domestic violence and assault charges often involve a lot of grey area where criminal defense is most important. Make sure your voice is heard with an attorney who practices criminal defense full time.