Physical altercations between family members can result in domestic abuse charges against the person accused of violence. In some situations, one of the parties will call the police, not necessarily wanting the other person arrested, but simply because they want the other person to leave the house for a period of time. Once the police arrive at the scene, however, they control what happens next – not the person who called.
Police have the final say whether to arrest
When the police arrive at the home or location where the alleged abuse took place, they will begin their investigation. They will interview the people involved or at the location, and may take pictures of injuries or the home as evidence. They will typically separate those involved and interview them individually. After this, the police will decide whether there is probable cause to arrest the alleged perpetrator. They will make this decision based on the facts they gathered, but they possess a lot of discretion regarding any charges they decide to bring.
The accuser cannot drop charges
It is not up to the alleged victim whether an accused person gets arrested or charged. An accuser loses all control once the police are on scene. That lack of control continues as the case winds its way through the criminal justice system. Even in situations where the accuser backtracks and wants any charges to be dropped, they do not have the power to make that happen. Once police have taken charge of the situation, the outcome is in the control of the state, and the accuser does not have a say.
Hire defense counsel
Being accused of domestic assault does not automatically mean a conviction. Accused persons are innocent until proven guilty. An experienced attorney will know the potential defenses against these charges.