Can a Domestic Violence Charge Be Dropped in Ohio?

Domestic violence charges in Ohio can carry severe penalties like jail time, fines, counseling, and restraining orders. So, it’s understandable why both victims and defendants often ask if these charges can be dropped.

In our experience as Ohio criminal defense attorneys, domestic violence charges can sometimes be dismissed, but the process depends on the specific circumstances of each case. Prosecutors have wide discretion on dropping domestic violence charges, but in general, they’ll consider the victim’s wishes, sufficiency of evidence, and options like plea bargains.

Below, we’ll go over when Ohio prosecutors may agree to drop domestic violence charges, options if the victim wants to drop charges, and alternatives to completely dismissing a case.

When Will Prosecutors Drop Domestic Violence Charges in Ohio?

There are a few general situations where Ohio prosecutors may agree to dismiss or drop domestic violence charges:

At the Request of the Victim

Prosecutors are more likely to drop domestic violence charges if the alleged victim proactively asks them to. Since the victim’s testimony and cooperation often make or break domestic violence cases, a victim’s desire to drop charges can seriously damage the prosecutor’s case.

However, prosecutors aren’t obligated to dismiss charges simply because the victim asks. In fact, many prosecutors have a strict “no-drop” policy for these cases. They will look at all evidence and can pursue convictions even without the victim’s cooperation in some cases.

Due to Insufficient Evidence

Prosecutors analyze the strength of evidence when deciding whether to pursue charges. If they believe there isn’t enough evidence to convict beyond a reasonable doubt, they may dismiss the case.

This often happens if the alleged victim recants or contradicts their original statement to the police. Since original victim statements provide important evidence, it becomes much harder for prosecutors to meet the burden of proof if those statements are withdrawn.

Through Plea Bargains

Many domestic violence charge dismissals happen through plea bargains. The defendant pleads guilty to a lesser charge in exchange for having the domestic violence charge dropped.

This benefits the prosecutor because it guarantees a conviction without going through an intensive jury trial. The defendant also benefits by avoiding the more severe penalties of a domestic violence conviction.

What If the Victim Wants to Drop the Charges?

As stated above, domestic violence victims do not have the authority to drop charges. Prosecutors alone have the authority to pursue charges against a defendant. Therefore, they are the only individuals able to dismiss the charges. Victims, instead, are treated as witnesses in the case.

Even when victims ask prosecutors to dismiss charges, they aren’t obligated to honor that request. Prosecutors make independent decisions about continuing cases.

If a victim refuses to cooperate, they can pursue domestic violence cases even without the victim’s cooperation. Physical evidence like photos or medical records showing injuries, 911 call recordings, or eyewitness testimony may sufficiently prove abuse occurred.

If prosecutors have strong evidence beyond just the victim’s testimony, they may move forward with charges despite the victims’ reluctance.

Legal Defenses and Strategies to Get Domestic Violence Charges Dismissed

A domestic violence conviction on your record can negatively impact employment opportunities, professional licenses, immigration matters, firearm rights, and more.

However, it is possible in some cases to get domestic violence charges reduced or fully dismissed before a case ever reaches the conviction stage. Here are some common strategies and routes for dismissing domestic violence charges in Ohio:

Lack of Evidence/Insufficient Proof

One of the main ways domestic violence charges get dismissed is if there simply is not enough admissible evidence for the prosecutor to prove guilt beyond a reasonable doubt at trial. This could stem from issues like:

• Lack of observable injuries or damaged property
• No corroborating witnesses or statements
• Problems with the alleged victim’s credibility or inconsistent accounts
• Violations of your constitutional rights during the investigation/arrest

An experienced domestic violence defense lawyer knows how to highlight reasonable doubts and evidentiary shortcomings that could lead to dismissed charges.

Participation in Counseling/Rehabilitation Programs

Some prosecutors are open to dismissing charges if the accused takes proactive steps to complete counseling, such as a batterer’s intervention program. Demonstrating a commitment to domestic violence education and rehabilitation can persuade the state to dismiss non-severe cases.

Negotiating a “Factual Innocence” Dismissal

If your defense can compile convincing evidence that the domestic violence allegations were falsely concocted or totally mistaken, it may be possible to negotiate a full “factual innocence” dismissal. This clears your record entirely rather than just a conditional dismissal.

Self-Defense Claims

If you were legitimately acting in self-defense against the person making domestic violence accusations, that could provide a basis for dismissing the charges.

The best avenue for getting domestic violence charges fully dismissed depends on factors like the specific allegations, the strength of the evidence, the victim’s stance, and your background qualifications. Having an attorney experienced in defending these cases in Ohio courts is absolutely crucial for achieving dismissals.

Contact Botnick Law Firm For Domestic Violence Defense

Facing domestic violence charges in Ohio can potentially threaten your freedom, employment, finances, and more. However, you don’t have to resign yourself to an unfavorable outcome. At Botnick Law Firm, our experienced attorneys explore every avenue to get misdemeanor or felony domestic violence cases reduced or dismissed entirely when possible.

We understand how to analyze evidence for weaknesses, leverage self-defense claims, guide clients through rehabilitative diversion, and negotiate for dismissals that protect your rights. If you’ve been accused of domestic violence, don’t wait – contact us immediately. The sooner we can initiate your legal defense, the more opportunities to clear your name and future.