Is The Victim Able To Drop Domestic Violence Charges In TN?
Can a victim drop a domestic violence charge?
The short answer is no; however, having the alleged victim on your side can be very helpful in getting a domestic assault charge dropped. The reason the alleged victim cannot drop the charge is that it is the state of Tennessee that is actually bringing the charges against you. The prosecutor for the State will more than likely move forward with or without the victim’s consent. Whenever a victim wants to drop the charges, the prosecutor’s office often cites cycles of abuse and domestic violence statistics to justify their reasoning for going forward with the prosecution. There is also pressure for them to continue prosecuting.
Why the pressure?
Many prosecutors and judges alike have lost their jobs after dismissing domestic charges against a person that later caused serious injury or even murdered the victim from the original domestic violence charge. Additionally, prosecutors see themselves as protecting alleged victims they see as unable to protect themselves.
All hope is not lost.
It is undoubtedly a factor in your favor when the victim does want to drop the charges. The difficulty is deciding exactly how to take advantage of this factor. While the defendant should never talk to the victim, the same rules do not apply to their domestic violence lawyer.
The quicker you get someone fighting for your side, the better your chances of getting out of it are. So start taking control of your fate and call to talk to your domestic violence lawyer today.