About Domestic Violence Charges

Criminal charges for battery domestic violence may be filed against a person for allegedly using force or violence against a spouse, ex-spouse, family member, dating partner or cohabitant (person the defendant lives with). These charges typically arise from a situation where law enforcement responds to a notice of a domestic abuse. Depending on that they find at the scene, the police may make an arrest. From the time a person is taken into custody, it will be in the hands of the District Attorney’s Office to determine whether charges will be filed. Even if the alleged victim does not want to press charges or recants his or her allegations against the defendant, the state may move forward and prosecute the case. This is due to the fact that in some situations a victim may wish to refrain from pressing charges for reasons of fear of retaliation, embarrassment or other factors.

The prosecuting attorney does not care whether the victim wishes to press charges. If the state has what they believe to be a valid case against a defendant, they will move forward and seek a conviction. They may rely on physical evidence and witness statements if the alleged victim him or herself will not testify against the defendant.

The fact that charges may be pressed in spite of an alleged victim’s wishes is one factor that makes domestic violence charges so serious. It is important to protect your legal rights and consult with a criminal defense attorney who can work to have these charges lessened or dropped entirely. At De Castroverde Law Group, we are a family of attorneys here to offer you the level of legal representation you need to challenge your criminal charges or allegations of domestic abuse.