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Can Domestic Violence Charges be Dropped?

Things got heated quickly. You and your partner were arguing, saying and doing things you’d never thought you’d do. And granted, you both could have handled the situation better, and you wish you could take things back. But now what’s done is done.

But a domestic violence charge? How did it get this far?

No one expects to be arrested for domestic violence. And truth be told, the arrest just the beginning of a process to figure out what actually happened. This is a scary situation for anyone to confront.

Getting past the ugliness

No matter what bad things happened, you and your loved ones want to put this ugly story behind you. It can be traumatic just thinking about it. After the moment has long passed and tempers are no longer hot, perhaps your partner no longer wants the criminal courts involved. In some situations, healing the relationship behind closed doors could be exactly what you need to rebuild a healthy life together.

So can domestic violence charges be dropped in North Carolina?

Unfortunately, a domestic violence victim cannot simply drop charges under North Carolina law as is possible in some other states. Once a domestic violence report is made and a charge is filed against the accused. The State the decides whether or not to prosecute.

A prosecutor may take into account an alleged victim’s wishes on whether to prosecute, but the final decision on whether to take a case forward lies with the prosecutor. Therefore, the alleged victim’s opinion matters, but it’s not the only determining factor.

One thing is for certain: Never under any circumstances should the accused attempt to pressure someone into asking the prosecutor to drop the charges. That does nothing but make prosecutors more likely to bring the case forward and ask the judge for penalties.

Taking the situation on with a trusted attorney

A jail sentence is a real possibility when charged with domestic violence. But it isn’t the only possible punishment. If convicted, a judge could order probation, drug treatment, house arrest, community service or counseling. A judge could also issue a restraining order keeping the two parties apart.

You need to deal with the results of your alleged domestic violence incident, and since domestic violence laws are different in each state, you need a qualified Charlotte, NC, attorney to walk alongside you. An aggressive representative like Jason Reece works to help you make informed choices and maintain your legal rights.

Give Jason a call or complete this form for a no-obligation consultation today.