How to Get a Domestic Violence Case Dismissed

A domestic violence charge can be life-altering. It can limit access to your children, impact your Constitutional rights, and quickly become a legal and financial burden. 

The only way to avoid the life-changing consequences of a domestic violence charge is to build a strong defense against the criminal case. 

That’s where we come in.

Attorneys can help you build that defense. We’re here to help you understand the charges against you so, together, we can build a defense that sticks and enables you to get your life back.

What is Domestic Violence?

Domestic violence is violence that occurs within one’s domestic circle, usually by a family member. It is also referred to as “intimate partner violence,” which refers to a pattern of violent behavior by one or both partners. 

These cases are often challenging to fight, but with the right legal help, you can get your criminal charges dropped.

Defenses for Domestic Violence Cases

If you are arrested on a domestic violence charge, your first call should be to a qualified attorney who can help. 

This type of crime can be charged as either a felony or a misdemeanor, and police in Ohio can arrest you without physical evidence. So, you must reach out to an attorney early in the legal process to build a solid case.

Self-Defense

Self-defense is one of the most common defenses in domestic violence cases. If you committed an act of violence to protect yourself or your kids from harm, you could have a claim of self-defense. 

If this is the case, a qualified criminal defense attorney at The Botnick Law Firm would be able to access your police record and use your statements to help you build your case.

Innocence

Perhaps the best defense against domestic violence charges is innocence. Claims of innocence involve proving that the charges against you are completely false accusations.

To prove your innocence, your attorney will try to prove that you were not at the alleged crime scene. Evidence such as emails, text messages, social media posts, voicemails, and videos would be substantial in proving you were wrongfully accused.

Inconclusive Proof

Another defense your attorney could use to build your case is inconclusive proof. If there is insufficient evidence against you, your attorney could have the case thrown out of court and the domestic violence charges dismissed. 

Suppose your case was to go to trial. Your criminal defense team will try to give the jury reasonable doubt of your guilt by questioning the credibility of the alleged victim and the prosecutor’s witnesses and evidence.

What Should You Do if Charged With Domestic Violence?

If you are charged with domestic violence, the first thing you should do is remember that you are innocent until proven guilty. The next step is to contact us for a free consultation so we can gather the necessary information and evidence to help prove your innocence and get your domestic violence charges dropped. 

Domestic Violence FAQs

Do domestic abuse cases go to court?

Yes, once a report is made to the police, domestic abuse cases go to court, but with the right defense team, it may be possible to get your charges dropped early on in the legal process. 

How do most domestic abuse cases end?

Most domestic abuse cases get dismissed or amended to non-DV charges before trial, mainly because most people charged are first-time offenders with no criminal record or due to uncooperative witnesses for the State.

How long will a domestic violence misdemeanor conviction stay on your Ohio record?

In Ohio, if you are convicted of a first-degree misdemeanor domestic violence, the charge will stay on your record forever. It cannot be sealed or expunged. There is a fourth-degree misdemeanor domestic violence offense for “threatening” violence (not actual physical violence), and that offense can be sealed one year from the close of your case (i.e. once all fines and costs have been paid, jail or probation has been served).