As people we get mad. We lose our temper. We argue. We often expose more of our “emotional” selves to the people we trust like our girlfriend, boyfriend, or spouse. Maybe you were both drinking. Perhaps she shoved you, you shoved her. Things were escalating. She got scared and called the police for help. When things get a bit heated and we are scared, it makes sense to call the police for help. Just to calm down a volatile situation. Unfortunately, when the police officer surveyed the situation, he arrested you for domestic violence assault.
Time has passed. Things have calmed down. Now your spouse wants to drop the domestic violence charges. The question (What if my spouse wants to drop the domestic violence charges?) is one that I am often asked by my clients.
To answer this question, let’s start by looking at the Maine Law’s covering domestic violence appropriate to the situation just described:
- Domestic Violence Assault – A simple assault when the victim is a “family or household member” of the accused.
- Domestic Violence Criminal Threatening – A person is guilty of knowingly placing a “family or household member” in fear of imminent bodily injury.
- Domestic Violence Terrorizing – A person is guilty of communicating to commit a violent act dangerous to human life to a “family or household member”.
- Domestic Violence Reckless Conduct – A person is guilty of recklessly creating substantial risk to a “family or household member”.
In each of these charges, there is specific evidence that needs to be substantiated for the state to convict you of the domestic violence crime. The decision to drop or dismiss a charge is up to the prosecutor. Your spouse has no influence on dropping the charges after you have been accused of domestic violence charges. Your best bet is to hire a criminal defense attorney to aggressively defend you against the charges.
Fighting a domestic violence charge is serious business. You will need to find temporary residence, because you can’t be in the same home as the victim. All of your belongings are at the residence of the victim. The social stigma of the charge may cost you your reputation. It is important that you take swift action to have an advocate counsel you how to navigate the Maine legal system and assure there is minimal impact to your future. There are proven strategies to defending Domestic Violence (DV) charges. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled Maine criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the first Domestic Violence Assault charge is due to an argument that should have never gone that far or a one-time mistake you did not mean, it is imperative that you contact our firm as quickly as possible after the arrest.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with domestic violence, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
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