What Are The Main Reasons That Domestic Violence Cases Get Dismissed?

The main reasons that domestic violence cases get dismissed are:

• The Accuser is Uncooperative with Prosecution. domestic violence cases are dismissed is that the alleged victim stops cooperating with the prosecution of the case. Sometimes this means that the prosecutor cannot prove the case without their help.
• Nothing to Corroborate the Accuser’s Account. If there was no form of struggle such as a 911 call at the time of the assault, pictures, video evidence, the case could be dismissed.
• The Accuser Has Their Own Attorney and/or a 5th Amendment Privilege. The alleged victim may become unavailable to the prosecution as a witness because he or she has a right not to say anything that would establish their (the alleged victim's) criminal conduct.
• The Accuser Has Made Prior False Accusations. Sometimes the alleged victim has a history of making accusations that are not supported by evidence or that they later disavow.

What Should You Do If Accused of Domestic Violence?

Nebraskan law takes crimes of domestic violence very seriously. If you are facing allegations of domestic violence, then you could also be facing a plethora of detrimental effects on your life. This potentially includes jail time, fees, damage to your reputation, and even revocation of child custody or visitation rights depending on your situation.

When dealing with the aftermath of an accusation of domestic violence, FindLaw gives pointers on what you might want to consider doing. One big piece of advice is to keep the situation from escalating. This means don't engage in arguments, don't say anything that can be used against you in court, and don't give the person accusing you any potential ammunition.

In certain cases, accusers have also been known to substantiate false evidence. To help keep this from happening, change your passwords and hide your electronics. Make sure the accuser never has the chance to send texts or emails from your accounts to use against you.

Make sure you alert your family and loved ones to your current situation as well. In many cases of false or exaggerated domestic violence accusations, the accuser may try to get more people on their side by turning family members or friends against you. By alerting everyone to what is happening, you prevent them from getting tied up in a false narrative.

If you have been accused of domestic violence, you may also want to contact an experienced Omaha domestic violence attorney. They know better than anyone how to handle these cases and can guide you through the most difficult parts as you strive to protect yourself.

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Under Nebraska domestic violence laws, domestic violence is not just physical; it can also be sexual and psychological in nature. Legally, all that has to occur is for one person living in a household to feel threatened by another member of the household, whether or not the alleged threat has been carried out.

Domestic violence accusations can be made in the heat of anger or out of spite. If your domestic violence arrest occurs during a divorce, it is not uncommon for abuse allegations to come up as well to gain an upper hand in the divorce proceedings. We are aggressive in our investigation of your case. We uncover the facts and determine how to use them to get a favorable result.