Thomas C. Grajek, Attorney At Law | January 13, 2025 | Domestic Violence
Domestic violence charges are taken very seriously in Florida. If you are convicted of a domestic violence crime you could go to jail and have a permanent criminal record. The court will also likely impose a protective order between you and your loved one. This can have devastating consequences for your family.
That’s why, in many cases, the victim decides not to press charges. Unfortunately, once the police are involved, it can be difficult to drop the case. It’s not usually as simple as the victim calling the prosecutor. However, there is a difference between a victim who doesn’t want to press charges and a victim who refuses to cooperate.
Can You Be Prosecuted For Domestic Violence Without The Victim’s Cooperation?
This is a complicated question. Technically, you can be prosecuted for domestic violence without the victim’s cooperation. However, it is unlikely that you will be convicted in most cases. Ultimately, it comes down to the policy of the prosecutor’s office and whether or not there are any independent witnesses.
Some prosecutor’s offices have a policy of respecting the victim’s wishes in domestic violence cases. This means that if the victim doesn’t want the prosecution to proceed, the prosecutor’s office will drop the case.
However, not all offices follow this policy. That’s because it is common for victims of domestic violence to regret calling the police, even if a crime occurred. They may take back their statements once they realize the consequences. Many prosecutors see it as their job to protect victims even when they say they don’t want to pursue a criminal case.
Lack Of Evidence
Furthermore, most domestic violence cases happen behind closed doors. There are rarely any witnesses to the crime. This means that the victim’s testimony is crucial to convict the defendant. Without the victim’s testimony, there is a lack of evidence.
Specifically, no one can say that the defendant committed the crime. Therefore, if the victim refuses to come to court and testify against the defendant, then the defendant cannot be convicted. Many victims will refuse to come to court even if the court has issued a subpoena.
However, if there is independent evidence of the crime, the defendant may still be convicted without the victim’s cooperation. Independent evidence could include:
- Video Footage
- Photographs
- A third-party witness like a doctor, neighbor, or child
Unfortunately, this type of evidence is rarer in domestic violence cases.
What if the Victim Made False Allegations?
Sometimes, a domestic violence victim doesn’t want to press charges because they lied. Familial arguments can become heated. Often, people exaggerate or lie in the heat of passion.
If a victim informs a prosecutor that they lied, the prosecutor may need to disclose this information to the defendant, especially if it could impact the defense’s case. While the Brady rule requires the disclosure of exculpatory evidence, the specifics depend on the circumstances of the case. If the prosecutor still chooses to pursue the case, the defendant can question the victim about their lie.
While it is uncommon for a domestic violence victim to be prosecuted for making false allegations, it is possible in cases where the lie was knowingly made and materially significant. Making a false police report is a crime, and in Florida, it’s considered a first-degree misdemeanor, carrying up to a year in jail.
If you suspect that the victim has made false allegations or doesn’t want to press charges in your case, you should consult with a domestic violence attorney. Your lawyer can help you try to get the case dismissed. If they can’t get the case dismissed, your attorney can raise questions about the victim’s reliability and poke holes in the case against you.
Contact a Lakeland Domestic Violence Lawyer at Thomas C. Grajek, Attorney At Law Today For Help
For more information, please contact the Lakeland domestic violence attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606