Domestic violence cases are serious procedures. Every state wants to see abusers brought to justice.
In a domestic violence case, there may be an issue with the victim. They may not want to press charges against their abuser. What happens in this case?
Our criminal defense team at Jacqui Ford Law is ready to enact justice where we can. Let’s talk about what you need to know about a victim refusing to press charges in an Oklahoma domestic violence case.
What Happens When A Victim Doesn’t Press Charges in Oklahoma?
Most of the time, the victim is the individual who calls the police to press charges against someone they accused of domestic violence. They may offer additional evidence to work from, such as photographs and recordings of the alleged abuse.
Their testimony is the most helpful and compelling when attempting to determine the guilty party in a domestic violence case.
If a victim changes their mind and doesn’t want to pursue the case, it might seem like refusing to press charges is in their control. However, this is not the case.
Once the victim has contacted the authorities, the case is out of their hands. Law Enforcement must deal with the offender and sentence them to justice, whether or not the victim wants to continue with the original charges.
Can A Victim Drop Domestic Violence Charges?
If victims desire to drop domestic violence charges, they have little say in the matter. They can contact the prosecutor’s office and inform them about their choice.
However, that’s all they can do once the case has shifted to the authorities.
If the judge doesn’t find enough evidence in the courtroom, they may drop the charges. However, this decision typically has little to do with what the alleged victim wants. Everything is out of their control once they turn their situation over to the police.
What Does The State Do If A Victim Won’t Cooperate?
There are some domestic violence cases where the verdict depends on what the victim has to say.
Without cooperation, the state may have trouble determining the guilt or innocence of the alleged abuser.
The prosecutor can continue with the case if they think it’s in their best interest to get the person off the streets. This action is common if the abuse was violent in a way that could harm more people in the future. The desire for safety is stronger than the victim’s desire to get rid of their original charges.
The prosecutor even has the choice to subpoena the victim if they refuse to help. If the victim chooses to ignore the subpoena, they may be subject to a bench warrant and even arrest. If they don’t want to appear and testify at the trial, they could be held in contempt of the court.
Victims who claim one testimony and change it as the prosecution progresses could also face difficulties. If this happens, the victim becomes a hostile witness. The prosecutor can then turn to 911 calls, statements to authorities, and other items to push against the victim’s changed testimony.
Contact Jacqui Ford Law Today
If you’ve been charged with or even accused of domestic violence, you may be going through one of the toughest experiences of your life. Contact Jacqui Ford Law now. We are committed to justice and ready to help you settle your case in the best manner for your life.