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The role of the victim in a domestic violence defense

Some fights are pointless, while others get out of hand. We do not always get along with our loved ones, but we are still able to maintain the relationship in most cases. For some individuals in Georgia, a dispute can go from minor to aggressive. Domestic violence is a complex matter that could sever a relationship and cause an individual to face criminal charges.

Because the penalties following a domestic violence conviction can be harsh, those facing such charges seek ways to reduce or even avoid such consequences. Assert a strong criminal defense is a great place to start, but it is also possible to avoid penalties, if the victim in the matter drops the charges.

With regards to married couples, a victim of domestic abuse clearly does not want to suffer the same abuse again. However, they do not want their marriage to end or be ruined by this matter. There are some cases where, even if a victim does not want his or her spouse to suffer legal trouble, a spouse cannot avoid charges. This is when the police are called, they place the individual under arrest and he or she is charged with domestic violence. At this point, the victim does not have any authority to drop the charges.

But, when a victim plays a role in the charges, he or she can play a role in dropping them as well. If one decides to press charges, they can decide to also drop these charges. If charges remain because the police issued the charge, the victim also plays a role in the case against the accused. Victims could refuse to testify though, if a victim does testify, they could provide vital evidence and opinions on the matter. This could either help to maintain or drop the charges.

Being charged for domestic violence is not an easy matter. In some cases, the accused is not the only one that suffers. The victim, who does not want to see their significant other suffer legal charges, suffers as well. No matter the details, it is important to understand the situation and how best to proceed with a criminal defense.

Source: Findlaw.com, "Can the Victim Drop Domestic Violence Charges?," accessed on Feb. 18, 2018

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