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Contacting the alleged victim of domestic violence is a bad idea

On Behalf of | Sep 9, 2024 | Firm News |

When you’re faced with a domestic violence charge, you may naturally feel a sense of panic and a great deal of urgency to try to resolve the situation as quickly as you can.

Take a deep breath and hold on. You cannot afford to make any major mistakes right now – and that includes reaching out to your alleged victim and asking them to drop the charges. Here’s why.

It’s illegal, and it will probably lead to additional charges

First of all, the alleged victim in your case doesn’t have the actual power to “drop” the charges against you. The prosecutor is the person who decides whether or not a case moves forward –not the alleged victim.

One of the most important reasons not to contact the alleged victim is that any contact is likely in violation of a court-issued protective order. That alone can have you facing additional charges – and those can stick even if the domestic violence charge is ultimately resolved in your favor. (It’s also important to understand that no “loophole” allows you to contact the alleged victim through a third party either.)

If you ask the alleged victim to recant or refuse to cooperate with the prosecution, you may also be charged with witness tampering or witness harassment – either of which can lead to additional charges and jail time. Plus, prosecutors are prepared for victims of domestic violence to turn uncooperative, so their cases seldom rest on their testimony alone.

If you’ve been charged with domestic violence, don’t try any “self-help” solutions to your legal problems. It’s far better to have experienced legal guidance to help you explore the potential defenses.