Domestic Violence Charges

It is fairly common for the complainant in a domestic violence case to attempt to withdraw the complaint, or to be uncooperative with prosecutors [1]. As a result, many defendants mistakenly believe that they have nothing to worry about, and ignore the proper defense of their case [2]. However, there has been a distinct trend for prosecutors in domestic violence cases to continue the criminal prosecution of a case and to proceed to trial to obtain a conviction, despite the reluctance or non-cooperation by the complaining witness.

As you prepare to face the challenges ahead, it is absolutely critical that you have the guidance and support of a knowledgeable attorney with experience handling domestic violence charges like yours.

Victor Knapp, Esq., is equipped with over 40 years of experience representing juvenile and adult clients in a wide variety of felony and misdemeanor domestic violence cases, including but not limited to charges of:

• Assault
• Criminal Contempt

• Harassment
• Endangering the Welfare of a Child
• Menacing
• Stalking
• Violent Crimes

In the absence of witness testimony (where a complainant refuses to testify), domestic violence trials often involve the attempted admission of testimony which would normally be considered hearsay.

This might include a complainant’s initial call to 911, police testimony about the demeanor of the complainant, observations of bruises or lacerations, and property damage or other indications of violence. In other cases, prosecutors closely monitor the defendant’s compliance with an existing order of protection [3], a violation of which can be prosecuted as an independent criminal contempt charge.

Conversely, where complaining witnesses are cooperative with the prosecution, their credibility and motivations must be analyzed.

In some cases, not only have the initial charges been brought out of malice or to obtain leverage in divorce or child custody cases, but innocent people have been falsely arrested based upon fabricated allegations of violating an order of protection. Unfortunately, disgruntled spouses or significant others have used criminal allegations to turn the tables in pending contentious divorce or child custody battles.

Furthermore, even if your arrest was the result of a mutual conflict and the other person wishes to withdraw the domestic violence charges against you, the law does not allow anyone besides the prosecutor to drop the charges against you. This leaves you open to a potential criminal conviction despite the fact that you may have already reconciled with the other person.

In many instances, charges involving domestic violence are graded as felonies. In New York, felony convictions can result in prison terms of anywhere from one year to life, as well as enormously expensive fines in the thousands of dollars.

These points only highlight the importance of having aggressive legal representation when facing domestic violence charges.