Can a Domestic Violence Case Be Dismissed in California?

Officials in California take domestic violence extremely seriously. Convictions for violent and abusive acts between members of the same family or household can result in severe penalties, ranging from lengthy prison sentences to the lifelong social stigma of a domestic violence conviction. In their ambition to punish offenders, however, some domestic violence prosecutions may be unsubstantiated, leaving accused parties to wonder, can a domestic violence case be dismissed in California?

Dismissed Domestic Violence Cases

Fortunately for accused parties, there are a variety of legal strategies on the table when it comes to trying to get domestic violence charges changed, reduced, or dropped entirely. Some of the most compelling angles for fighting a domestic violence case include:

Insufficient Evidence – Just like in any other case, the prosecution must establish, using valid evidence, that the accused committed all the elements of a specific crime as it is defined under law. If the prosecution lacks the evidence required to move forward with the case, it could be dropped at any point. Even if not dismissed outright, a case with flimsy evidence is unlikely to land a conviction when countered by a competent defense attorney.Remember: the courts will be swift-acting and err on the side of caution when signing temporary protective orders as an immediate resolution for domestic violence allegations, but when it comes to actually proving charges in court, your accuser and state prosecutors must be held to the same standard as anyone else bringing allegations of a crime before the court.
Self-Defense – While society understandably finds it distasteful to question self-identified victims of domestic violence, it’s important to understand that life does not occur in black and white. Domestic violence cases, like any other legal situation, can be very nuanced affairs with multiple perspectives.If the evidence shows that the accused actually harmed their accuser in a necessary act of self-defense or out of legitimate fear for their own safety, then the case may be dropped by the court. In some such cases, new charges against the actual perpetrator of the violence may even be forthcoming.
Accident – While this tactic would be unthinkable to most of us, an opportunistic party who is dissatisfied in their marriage might try to use an accidental injury as evidence of domestic violence to support false accusations.
Inconsistent Statements – Contradictory testimonies from an accuser, their legal representation, state officials, or their witnesses can weaken the prosecution’s case and impact its validity, potentially even to the point that the charges are dismissed.
Absence of Visible Injury – While by no means a required element of prosecuting a domestic violence charge, documentation of visible injuries greatly strengthens a prosecution’s case in certain circumstances. For example, if an accuser claims to have sustained serious physical injuries as the result of a domestic violence incident, but no such injuries have been seen by any party other than the accuser, this could undermine the accusations.
Lack of Credible Witnesses – Independent witnesses (e.g., unrelated bystanders with no pre-existing motive to act on either party’s behalf) can also be extremely important for corroborating or refuting testimonies given in court. If the prosecution’s case lacks physical evidence and requires witness testimony, but no such witnesses can be identified, they may find themselves unable or unwilling to move forward with prosecution.
Rights Violations – If the defendant’s constitutional rights were violated at any point during arrest, investigation, or arraignment, this can also be a valid basis to have charges dropped.
Request to Drop Charges – When the lack of evidence and testimony is clear and egregious, wrongfully accused defendants can be proactive about trying to get their charges dismissed. One way of doing so is having their San Bernardino domestic violence attorney submit a letter to court officials outlining the insufficiency of the case and formally requesting a dismissal of charges.

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