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How Do I Drop Domestic Assault Charges Against My Spouse?

by J.D. Garrett on September 8, 2012

Most domestic assault charges involving married couples stem from a heated argument where tempers become short, passions become inflamed, and irrational thinking takes root. What begins as an argument over something small can quickly lead to something serious – a criminal domestic assault charge.

An domestic assault charge can arise for any “unwanted touching”. There is no requirement for there to be an injury. When a victim-spouse calls for police intervention in a domestic dispute, the officers will arrive and look for any signs of an assault, or unwanted touching. A statement from either party that indicates a push or slap, striking with or throwing of an object, even a pillow, or something more serious will in most cases result in one of the individuals being arrested and charged with domestic assault.

In a vast majority of cases, after the parties have had a chance to cool off and think about the situation, they want to drop the matter and move on with life. However, once the police make the charge, the victim-spouse is no longer in a position to control the case. A prosecuting attorney will be assigned and the decision to go forward with a trial, negotiate a plea, or drop the charges is entirely up to them. To make matters more awkward, the victim-spouse can be held in contempt of court and face jail time if they refuse to testify against their spouse.

It is extremely important that you consult with a criminal attorney for domestic assault if you or someone you know has been charged. An experienced attorney will know who to get in touch with and how to present your case to the prosecutor in order to increase the chances of charges being dropped or dismissed.

Our Virginia Beach criminal defense attorneys are available to answer your questions 24/7/365! Contact us now! (757) 422-4646.

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