Domestic violence is considered a violent crime in Georgia. A person’s physical actions against a family member can cause significant harm. Many people have even been killed by domestic violence.
This type of family violence can occur between current spouses, ex-spouses, dating partners, adult children and aging parents, parents and children, or caregivers and clients. Most victims are women, although anyone can be a victim.
Domestic violence allegations are taken seriously, and law enforcement investigates these cases vigorously. Because of the potential penalties involved, victims often decide they don’t want to press charges. They want the charges to be dropped. Is this possible?
Victims do not press criminal charges; prosecutors do. Therefore, victims of domestic violence cannot unilaterally decide not to press charges. The case is in the hands of the prosecution. Here’s how the process works.
Procedures for Prosecution
Violent behavior in an intimate relationship is considered criminal behavior under Georgia law. The Georgia Commission on Family Violence has a policy in place that recognizes the seriousness of this type of crime. Even though it is deemed a domestic matter, it will not be tolerated or minimized. This means the alleged offender can be charged and penalized.
The focus is on the safety of the victim. Because of this, the victim is not allowed to do anything in regard to the criminal charges. Once the case is submitted to the prosecutor from the law enforcement agency, the victim cannot "drop" charges or "press" charges. The decision whether or not to prosecute the case is made solely by the prosecutor.
It does not matter if the victim refuses to cooperate. Charges can and will still be prosecuted without victim cooperation if there is deemed to be sufficient evidence to prove the elements of the crime. Due to the seriousness of domestic violence, these cases will proceed regardless of the victim’s wishes.
Prosecutors also recognize that victims may withdraw their claims of domestic violence due to fear, coercion, or pressure. Because of this, they are not quick to halt proceedings with a case simply because the victim changed their mind.
The victim is treated like any other witness in a criminal case. The domestic violence case will not be dismissed solely because the victim failed to appear in court. The prosecutor will not offer a reduced domestic violence charge unless they feel justice has been served.
However, this does not mean that domestic violence charges cannot be dropped at all. A skilled defense attorney may be able to get charges dropped if there’s insufficient evidence, credibility issues with the victim’s statement, or proof of false allegations.
Contact Our Georgia Domestic Violence Attorneys Today
Domestic violence is a serious crime, and while a victim may not want to press charges, they cannot make that decision.
The Georgia domestic violence lawyers at Ghanayem & Rayasam can give you the best advice and assistance regarding domestic violence. Contact us for the right solutions for your situation. Schedule a consultation today by calling (404) 561-0202 or filling out the online form.