The Importance of Not Asking Your Accuser to Drop Domestic Violence Charges

It is a common misconception that when a person is accused of domestic violence, they can approach their accuser and try to persuade them to drop the charges. People involved in domestic violence cases have a very close relationship to each other and so, it is natural to think that you can have a simple conversation with the alleged victim and avoid the whole process. However, it is highly advised that you do not speak to your accuser, even to ask them to drop the charges. Below, our Fort Lauderdale domestic violence lawyer explains in greater detail.

Contacting the Alleged Victim Could Hurt Your Case

Abusers have physical influence over their victims, but they also may have an emotional or financial position they use to persuade someone to change their story after an abusive incident. Due to this, the state does not place the burden on victims to press charges. Instead, that authority is given to the prosecution. Even if your accuser could be convinced to change their testimony, contacting them could hurt your case rather than help it. Speaking to the alleged victim could result in the following:

• Additional evidence against you: During an active investigation, the judges and prosecutors in Florida are very protective of alleged victims. If you call, text, or email the alleged victim and ask them for help, the prosecution can use this as evidence that you are pressuring or threatening the victim.
• Injunction violations: If there is a temporary no-contact order, known as an injunction, against you, contacting the alleged victim will violate the terms of that order. This can result in additional penalties.
• Denial of bail: Any attempt to contact, threaten, or influence your accuser could result in a judge denying you bail, meaning you will remain in custody until your hearing.

How to Fight Domestic Violence Charges

While domestic violence is a serious crime in Florida, so is giving false testimony to law enforcement. Due to this, many accusers are hesitant to recant their original testimony. However, there are other factors that can help with your case. These include:

• A victim affidavit: Although victims do not have the power to drop charges, they can draft and file an affidavit that outlines their wishes. This input can influence the prosecution on what type of charges to pursue and sentencing recommendations.
• Mutual accusations: Disputes among family members can quickly escalate into domestic violence charges with both sides blaming each other. If you can show that the incident was simply a disagreement and that both parties share blame, this can help with your charges.
• Favorable evidence: Strong evidence is the best way to fight back against domestic violence charges. Your attorney can determine if there is surveillance footage from the scene, if witness statements can corroborate your story, or if the evidence against you was obtained illegally. All of these factors can significantly help your case.

Our Domestic Violence Lawyer in Fort Lauderdale Can Help with Your Charges

Domestic violence charges are very serious and as such, there are certain things you should and should not do after being accused. At Haber Blank, our Fort Lauderdale domestic violence lawyer can advise on what these are and prepare the strong defense you need to beat or reduce your charges. Call us today at 954-767-0300 or chat with us online to request a consultation and to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html