Can Victims of Domestic Violence Drop the Charges?
Domestic violence is a prevalent issue in Arizona.
In fact, the Arizona Coalition to End Sexual and Domestic Violence reported that in 2020, there were 108 domestic violence fatalities in the state.
However, not all domestic violence cases are genuine, and false allegations can have severe consequences.
According to a study by Save Family Foundation, approximately 53.2% of domestic violence cases are false.
Moreover, many victims of domestic violence try to drop charges, but it is not always within their control.
This article will discuss the following:
- What is Domestic Violence Under Arizona Law?
- Can the Victim Drop Domestic Violence Charges in Arizona?
- Why Wouldn’t a Domestic Violence Victim Want Charges Pursued?
- When the Victim and the Accused Have a Relationship: Legal Options and Assistance for Domestic Violence Cases Involving Intimate Partners
- How Does the Victim’s Request to Drop Domestic Violence Charges Affect the Prosecutor’s Decision?
- Grounds for Dropping Domestic Violence Charges in Arizona
- What are the Consequences for False Allegations of Domestic Violence in Arizona?
- How can an Experienced Defense Attorney Help in Domestic Violence Cases?
- You Need a Criminal Defense Attorney If You Are Facing Domestic Violence Charges
What is Domestic Violence Under Arizona Law?
In Arizona, domestic violence is defined under A.R.S. §13-3601.
The law outlines domestic violence as abuse committed by one family or household member against another, including physical harm, emotional abuse, sexual assault, and threatening behavior.
Examples of domestic violence include:
- Physical assault, such as hitting, kicking, or choking
- Emotional abuse, such as threatening harm or destruction of property
- Sexual assault, such as forced sexual contact or rape
- Stalking, such as following or harassing the victim
Can the Victim Drop Domestic Violence Charges in Arizona?
Many domestic violence victims believe they can drop charges against their abuser, but it is not always within their control.
Under A.R.S. §13-1204, prosecutors in Arizona have the discretion to continue with the case, even if the victim requests to drop charges.
This is because prosecutors have a duty to protect the community, and dropping charges could endanger other individuals.
Scenario Example: Lila calls the police after her husband physically assaults her during an argument. However, the next day, she regrets calling the police and decides she does not want to press charges. Despite her wishes, the prosecutor may pursue the case if there is enough evidence to support the charges.
Why Wouldn’t a Domestic Violence Victim Want Charges Pursued?
Despite the seriousness of domestic violence, there are several reasons why a victim may not want charges pursued against their abuser.
For instance, the victim may still have feelings for their abuser and may not want to see them incarcerated or prosecuted.
The victim may also be financially dependent on their abuser and may not want to risk losing their financial support.
For example, Laura is in an abusive relationship with her partner, Ben. After Ben hits her during an argument, Laura calls the police, and Ben is arrested and charged with domestic violence. However, Laura later tells the prosecutor that she does not want to pursue charges against Ben because she still loves him and is financially dependent on him. In this scenario, the prosecutor may not drop the charges even if the victim wants to, as they have a duty to protect the community.
Another reason a victim may not want charges pursued is fear of retaliation.
The abuser may threaten the victim, their family, or their children if they pursue charges, and the victim may not want to put themselves or their loved ones at risk.
For example, Maggie is in an abusive relationship with her partner, David. After David hits her, Maggie calls the police, and David is arrested and charged with domestic violence. However, David threatens Maggie that he will harm her and their children if she pursues charges. In this scenario, an experienced defense attorney from the Shah Law Firm can help Maggie obtain a restraining order against David and ensure her safety while representing David in court.
When the Victim and the Accused Have a Relationship: Legal Options and Assistance for Domestic Violence Cases Involving Intimate Partners
If the Female is the One that Assaulted her Boyfriend/Husband, and He Doesn’t Want to Press Charges
Men do not always perpetrate domestic violence.
In some cases, it may be the other way around, with women assaulting their male partners.
In such cases, the male partner may not want to press charges against the female abuser for various reasons, such as fear of retaliation, financial dependence, or love.
Hypothetical Scenario: Mike is in an abusive relationship with his partner, Jane. After a heated argument, Jane hits Mike, and the police are called. However, Mike does not want to press charges against Jane because he still loves her and fears retaliation. In this scenario, an experienced defense attorney from the Shah Law Firm can help Mike obtain a restraining order against Jane and ensure his safety while also representing Jane in court.
Same-Sex Disputes
Domestic violence can occur in same-sex relationships, and the laws in Arizona protect all victims regardless of their sexual orientation.
The legal definition of domestic violence in Arizona applies to any two people in a domestic relationship, including those in same-sex relationships.
Hypothetical Scenario: Alex and Max are in a same-sex relationship and have been having frequent arguments. During one argument, Alex hits Max, and Max calls the police. Alex is arrested and charged with domestic violence. However, Max later decides that he does not want to press charges against Alex because he still loves him. In this scenario, the prosecutor may still proceed with the case, even if the victim does not want to press charges, as they have a duty to protect the community.
How Does the Victim’s Request to Drop Domestic Violence Charges Affect the Prosecutor’s Decision?
Prosecutors in Arizona consider many factors when deciding whether to pursue domestic violence charges, including the victim’s request to drop charges.
However, if there is enough evidence to support the charges, prosecutors can proceed with the case despite the victim’s wishes.
This is because the state of Arizona is responsible for prosecuting crimes, not the victim.
Hypothetical Scenario: Maria contacts the police after her husband threatens her with a knife. The police arrest her husband and charge him with domestic violence. However, after talking to her husband, Maria decides to drop the charges. Despite her wishes, the prosecutor may still pursue the case if there is enough evidence to support the charges, such as witness statements or physical evidence.
Grounds for Dropping Domestic Violence Charges in Arizona
There are a few grounds on which domestic violence charges can be dropped in Arizona.
The most common reason is when the victim recants their statement or refuses to testify.
In such cases, the prosecutor may have insufficient evidence to proceed with the case, and the charges may be dropped.
Example: Sarah calls the police and reports that her partner, Jack, hit her. Jack is arrested and charged with domestic violence. However, Sarah later changes her statement and says she made a false allegation against Jack because she was angry with him. In this scenario, the prosecutor may not have sufficient evidence to pursue the case, and the charges against Jack may be dropped.
Another ground for dropping domestic violence charges is when the evidence supporting the charges is weak or insufficient.
For instance, if the prosecution has no witnesses or physical evidence to support the allegations, the case may be dismissed.
Example: Tom is accused of domestic violence after his partner accuses him of hitting her. However, the only evidence that the prosecution has is the accuser’s testimony, and there are no witnesses or physical evidence to support the allegations. In this scenario, an experienced defense attorney from the Shah Law Firm can argue that the evidence is weak and insufficient to support the charges, and the case may be dismissed.
What are the Consequences for False Allegations of Domestic Violence in Arizona?
False allegations of domestic violence are not only harmful to the accused but also undermine the credibility of genuine domestic violence victims.
Arizona has strict penalties for those who make false allegations, including fines and imprisonment.
Under A.R.S. §13-2901.01, making a false domestic violence claim is a Class 1 misdemeanor, which carries a maximum penalty of six months in jail and a $2,500 fine.
Hypothetical Scenario: Rachel and her boyfriend get into an argument, and Rachel calls the police and accuses her boyfriend of hitting her. The police arrive and find no evidence of domestic violence. Rachel later admits that she lied to the police. Rachel could face criminal charges for making a false domestic violence claim.
How can an Experienced Defense Attorney Help in Domestic Violence Cases?
Experienced defense attorneys can help in domestic violence cases by working on getting the charges dropped or reduced.
They can also advise clients on their legal rights, represent them in court, and negotiate plea deals with prosecutors.
Domestic violence charges can have severe consequences, such as the loss of custody, employment, and jail time.
A criminal defense lawyer from the Shah Law Firm can help clients navigate the complex legal system and provide a strong defense against domestic violence charges.
You Need a Criminal Defense Attorney If You Are Facing Domestic Violence Charges
Domestic violence is a serious crime in Arizona, and false allegations can have severe consequences.
Victims of domestic violence often want to drop charges, but it is not always within their control.
If you are facing domestic violence charges, it is crucial to seek the help of an experienced criminal defense lawyer.
With the help of a criminal defense attorney from the Shah Law Firm, you can navigate the complexities of a domestic violence charge.
Don’t let domestic violence derail your life; contact us today at (602) 560-7408 for a free consultation, and let our legal team work for you.
