How to Get Charges for Domestic Violence Dropped
Despite the foregoing, criminal defence attorneys understand how to have domestic violence accusations dismissed. A general step-by-step tutorial is provided below:
Arrange for the complaint to meet with an impartial lawyer; the lawyer may draught a retraction statement or letter on the complainant’s behalf.
Serve this letter or statement on the police and the defendant’s lawyer; the defendant’s counsel must submit formal submissions to the police in order for the allegations of domestic violence to be dropped.
Both the defendant and the complainant will need skilled domestic violence attorneys to represent them in order for the proceedings to be dropped. If this process is completed early on, it may be a way to get charges withdrawn before a court date.
This procedure is unique to New South Wales, but comparable aspects apply in other jurisdictions. If you’re looking for how to dismiss charges against someone for domestic abuse in Australia, be sure the information you’re getting is from the right state.
It’s also worth noting that in New South Wales, AVO applications can be filed by two categories of people: police (police AVOs) and complainants (private AVOs).
Complainants can withdraw private AVOs without the aid of AVO attorneys.
How to Have Domestic Violence Charges Dropped
If the police refuse to drop the charges, the next obvious step is to figure out how to have domestic violence charges dropped.
This will entail the case being heard in Court. You will need an expert criminal lawyer on your side who can cross-examine police personnel, the complainant, and any witnesses. Inconsistencies or flaws in the prosecution case are frequently uncovered in this manner.
At the Hearing, complicated legal arguments must be given as to why the allegations have not been proven beyond a reasonable doubt. While the full procedure is significantly more complicated, the following is an overview of how to get a domestic abuse case dismissed.
