Domestic disputes happen everyday. In some situations, the dispute results in someone calling the police. This is especially the case if there was any kind of violence, or threat of violence, to someone in the home. If you have been involved in a domestic dispute that results in a criminal charge, here are some things you should know.
Your Spouse or Family Member Cannot Drop the Charges
Assume that you got into a fight with your spouse and your spouse called the police. They reported that you hurt them. You are arrested and are taken to a holding cell. The police then have a certain amount of time where they can hold you while they gather information to charge you. If they find enough evidence that you did in fact harm someone in the house, then you will be charged with a criminal act. However, after the emotions die down and the dust settles, your spouse may want to "drop the charges" because they called the police in the first place. Unfortunately, this is not possible. This is because although they notified the police, they did not actually charge you with a crime, the state prosecutor did. So even if your spouse redacts their testimony, or what they said, you still have a criminal charge, unless the state decides to drop it.
Your Spouse May Be Able to Remove a Protective Order
Usually after a domestic dispute that resulted in violence, there will not only be a criminal charge, but a protective order put in place to protect the victim. If the victim initially asked for the protective order, they may be able to ask for it to be lifted.
For example, say that after you are released on bail you have a protective order in place that prevents you from going near your spouse and/or children. Your spouse and you may still be able to talk on the phone, through emails, or even have supervised visits. If after some time your spouse feels safe in your presence, they may be able to have the protective order removed. In this case, the judge will have to determine if they believe that you are no longer a threat to those in your family. If so, the protective order will be lifted, if not the judge will keep the order intact.
As with any criminal charge, it is important that you get a lawyer to help defend you. Even if you feel like it was just a simple domestic dispute, if there were any criminal charges filed, you need a lawyer like Begley Carlin & Mandio LLP.
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