Domestic abuse is a grave crime, and going through something like that can be very traumatizing. If you have been a victim of abuse and have decided to speak up, the last thing you want is for your case to be dismissed. It is essential to know the common reasons why abuse cases are dismissed and to talk to an experienced lawyer about a protection from abuse order in order to be prepared.
Why do domestic violence and abuse cases get dismissed?
There can be many reasons why a domestic violence case gets dismissed. Some of the common causes why an abuse case may be dismissed are:
Lack of evidence
Evidence is vital in a domestic violence case as it is the basis of your claim. One of the most common reasons abuse cases are dismissed is insufficient evidence. In fact, if there is evidence showing no domestic violence occurred or the abuse was not as severe as stated, then the case may be dropped. Evidence in an abuse case may include things such as photos, medical records, eyewitness testimonies, etc.
The accuser has made false allegations before
While domestic violence is a very big crime that needs to be taken seriously, there are some cases when the accuser makes false allegations. False accusations of abuse can be a very big problem for the prosecutor and the accused person. If the accuser has a history of making false allegations, then that may be enough grounds for dropping the case.
The accuser is uncooperative.
If the accuser fails to cooperate with the prosecutor or the district attorney, that may lead to the case being dropped. If an accuser stops cooperating with the prosecutor after the prosecutor has filed the charges, then after some time, the prosecutor would have no choice but to drop the case.
There was a false or mistaken report
The case can be dropped if the police officers, the prosecutor, and the district attorney all believe it was a misunderstanding. There are cases when domestic violence cases are filed due to a misunderstanding by a third party. In such cases, the district attorney must prove that the report was a misunderstanding and should not have been made.
Have you been a victim of abuse?
If you or a loved one has been abused, you need to speak up. Get in touch with an experienced protection from abuse order defense lawyer and figure out what to do next.