Domestic assault cases typically cause confusion and difficult situations for both the defendant and alleged victim. A number of domestic assault cases that I’ve handled have started with the defendant wondering why the case was continuing when the victim said that she did not want to continue pressing charges or said that she initially lied to the police.
Minnesota Domestic Assault Cases are brought by the Prosecutor — not the victim
The reason that the case doesn’t just go away is because the victim is not in charge of the case–the prosecutor is. So, even if the victim says that she no longer wants to press charges or changes her story, the prosecutor will often continue the case out of concern for protecting the victim and community. So, it is often necessary to get a Minnesota or St. Paul Domestic Assault Lawyer to ensure that you can defend against your case, even if the victim no longer wants to press charges. Often, if the victim does not want a prosecution, a better result can be obtained, but you need to go through the legal process.
Domestic Abuse No Contact Orders (DANCOs) are Common in Minnesota Domestic Assault Cases
If you are charged with domestic assault, it is very common for a DANCO to be issued. This order will usually prevent the defendant from having contact with the victim or the victim’s residence or work. This can create an enormous hardship if the defendant and victim share finances, children, or the same residence. Don’t go to court expecting the judge to lift the order, even if the victim says it’s ok. Again, the prosecutor will be concerned with ensuring that no future incidents will occur. Often, your best course of action is to hire an experienced domestic assault attorney who can help get the order modified or lifted.
Minnesota Domestic Assault Cases often present difficult circumstances for everyone involved. Even if you think that it will be easy or the case will be dropped, don’t be surprised if it doesn’t go that way. If you are facing a Minnesota domestic assault charge, call St. Paul Criminal Defense Attorney Eric Rice at (651) 998-9660 for a free consultation.