Understanding Domestic Violence

According to DOJ, domestic violence involves a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner [1].

Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone

Types of Abusive Behavior

Physical Abuse
Sexual Abuse
Emotional Abuse
Economic Abuse
Psychological Abuse
Technological Abuse

Who Can Be Affected?

Domestic violence can affect anyone, regardless of race, age, sexual orientation, religion, sex, or gender identity. It occurs across all socioeconomic backgrounds and education levels, in both opposite-sex and same-sex relationships, and can happen to intimate partners who are married, living together, dating, or sharing a child.

Broader Impact

Domestic violence impacts not only the victims but also their family members, friends, co-workers, and the community. Children who witness domestic violence are particularly vulnerable, as it can lead to various social and physical problems and teach them that violence is a normal way of life, increasing their risk of becoming future victims or abusers.

Effective Defenses Against Domestic Violence Charges

According to Spolin Law, a domestic violence conviction carries significant repercussions, making a robust defense strategy essential for the accused [2].

Here are some commonly employed defenses in domestic violence cases:

Accident
To be guilty of the crimes described above, a person must have acted willfully. An accidental act won’t support a conviction, as Penal Code § 26 makes clear. However, it is only the act, and not the outcome, that needs to be willful. It is no defense that a person didn’t intend to injure another as badly as he or she did.

Alibi
If the accused was not present at the scene when the alleged violence took place, they cannot be guilty of the crime. An alibi, which proves the defendant was elsewhere at the time, can effectively disprove the allegations. Note that in elder abuse cases, one can be guilty of “permitting” an injury, which differs from the general rule.

Consent
In specific situations, the victim may have consented to behavior that might otherwise be considered domestic violence. For instance, if spouses participate in a martial arts class together, they could be seen as having consented to some injuries resulting from the class activities.

Insufficient Evidence
As with all criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the evidence fails to meet this standard, the case may be dismissed, or the defendant acquitted.

Self-defense/Defense of Others
California law allows individuals to use reasonable force to protect themselves or others from a crime or to prevent the illegal seizure or damage of property. In certain limited situations, this right includes the use of lethal force.

By understanding these defenses, those accused of domestic violence can better navigate the legal process and work towards a favorable outcome.

Can a Domestic Violence Case be Dismissed in California?

According to BD, California law criminalizes threats or harm towards an intimate partner, spouse, or domestic partner. Notably, once domestic violence charges are filed, the alleged victim cannot unilaterally drop the charges, even if they later wish to do so. The decision to arrest in domestic violence cases lies with the responding police officer [3].

It is important to understand that California domestic violence laws make it a crime to threaten or harm an intimate partner, spouse, or domestic partner. Therefore, the alleged victim cannot drop domestic violence charges, even if they change their mind. Once someone calls the police, the decision to arrest a person for domestic violence rests with the police officer responding to the call

The Role of Prosecutors and Courts

While the district attorney or prosecutor has the authority to dismiss domestic violence charges or decide not to pursue them post-arrest, there is a strong emphasis on treating such allegations with utmost seriousness. Law enforcement and prosecutors often err on the side of caution to avoid the risk of releasing a potential abuser who could harm or kill the victim.

A judge may dismiss criminal charges for various reasons, but navigating the legal system without an attorney can be challenging. Legal counsel is crucial for presenting valid arguments to have charges dropped.

Challenges in Dismissing Domestic Violence Allegations

In California, many prosecutors enforce a “no drop” policy for domestic violence cases. However, it remains possible for a prosecutor or judge to dismiss a case under certain conditions. Consulting a criminal defense attorney is essential to explore the possibility of having charges dropped.

Factors Influencing the Dismissal of Domestic Violence Cases

Once charges are filed, only prosecutors can drop them. An experienced domestic violence defense lawyer can argue that the state lacks sufficient evidence for a conviction based on several factors:

Lack of Intent: The contact was neither intentional nor willful.
No Injury: The contact did not result in injury or harm.
Self-Defense: The accused acted in self-defense.
Accidental Violence: The incident was an accident.
No Visible Injuries: Although not required, the absence of visible injuries can be a point of contention.
Inconsistent Statements: The alleged victim’s and witnesses’ statements are inconsistent.
Victim Non-Cooperation: The alleged victim wishes to drop charges and does not intend to cooperate with the prosecution.
No Independent Witnesses: The case relies on conflicting accounts with no independent witnesses.
Lack of Evidence: There is no other evidence supporting the domestic violence charge.
False Allegations: Evidence proves the alleged victim made false allegations.
Constitutional Violations: Police lacked probable cause for arrest or violated constitutional rights, making evidence inadmissible.

Prosecutorial Discretion and Defense Strategy

Despite a “no drop” policy, a weak case may lead the district attorney to dismiss charges rather than face a likely loss in court. An aggressive criminal defense lawyer can effectively present arguments to the prosecutor, making it more convincing than if a defendant represented themselves. A skilled defense lawyer can prompt the prosecutor to dismiss charges or agree to lesser charges, reducing the risk of a court battle.

Consulting with an experienced criminal defense attorney provides the best chance to navigate the complexities of domestic violence charges and explore the potential dismissal of the case.

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References:

https://www.justice.gov/ovw/domestic-violence
https://www.spolinlaw.com/criminal-defense/violent-crimes/domestic-violence/
https://blairdefense.com/criminal-defense-resources/can-a-domestic-violence-case-be-dismissed-in-california/

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