In domestic violence situations, one party or the other typically faces charges. The victim is usually frightened; they want the abuse to stop, but they do not want to see their spouse be arrested. In cases like these, the victim may wonder if they can drop domestic violence charges. Domestic battery is a crime, and because victims do not issue charges, they cannot drop them. Read on to learn about the victim’s role in domestic violence cases, and to learn how an attorney can help.
A Victim’s Role in Domestic Violence Cases
Victims can play multiple roles in a domestic abuse proceeding. For instance, they may be required to testify at the abuser’s trial, or they may be asked for an opinion on the perpetrator’s potential release. The victim’s role is far from passive, and they have the right to sue the abuser for lost wages, personal injury and living expenses.
The Differences Between Civil Suits and Criminal Cases
If one is a domestic violence victim, they may contemplate filing a civil action against an abuser even if criminal charges have already been filed. While a crime is an offense against one’s state, a civil offense is perpetrated on a victim who has the option to sue. A civil suit can help a victim get money to pay expenses related to the abuse, and it is usually easier to prevail in court than in a criminal case.
When a Victim Recants His or Her Statement
Even though a victim cannot dismiss a domestic violence charge, they often wish to recant statements made to investigators and law enforcement personnel. Recanting occurs when the victim takes back their original statement, and it’s not advisable unless the victim lied to the authorities. Recanting will not necessarily cause the state to dismiss charges, and the victim could face criminal liability for providing false information to the court and to the authorities.
Domestic violence can have lasting effects on victims and perpetrators alike, and the procedures following such a situation can be emotionally challenging and very confusing. Victims should consider calling a domestic violence lawyer for help and legal guidance throughout the legal process.
