Domestic Violence in Bradenburg: My Spouse Wants to Drop Charges – Can She Do That?

Domestic violence was once a subject matter that was largely swept under the carpet – both by society and by the legal system. Not so in the 21^st century. In fact, the pendulum has arguably swung all the way to the other side at this point. All too often an individual is arrested first and questions are asked later if there is even a possibility of domestic violence. If you have been charged with domestic violence in Bradenburg, Kentucky and your spouse now wants to drop the charges the reality is that it may not be that simple.

When the police are called to a domestic disturbance and they believe that an act of domestic violence has occurred they will take the alleged abuser to jail. At that point, a report is prepared and turned in to the prosecuting attorney’s office. The prosecuting attorney’s office makes the decision whether or not to file criminal charges. Sometimes they will attempt to contact the alleged victim first but there is no guarantee that the alleged victim will be contacted prior to a charging decision being made. If the decision is made to actually charge you with domestic violence it is the Commonwealth of Kentucky, not your spouse, who is pressing charges against you. As such, only the Commonwealth of Kentucky can decide to drop those charges.

In years past, an alleged victim was able to “drop” charges against an alleged abuser. Most states now make charging decisions based on the evidence at hand, not on what the alleged victim says did, or did not, occur. This is not to say that your spouse will not have any input in the case. At some point the prosecuting attorney handling the case will attempt to speak to your spouse and get your spouse’s version of events. In some cases, what an alleged victim tells the prosecutor will influence how the case proceeds, or doesn’t proceed, if the prosecutor is convinced that proceeding with the charges is fruitless.

If you have been charged with domestic violence in Bradenburg and your spouse does not want to pursue the charges against you the best thing you can do is consult with an experienced criminal defense attorney to decide what legal options you may have.