If you are a victim of abuse or a domestic criminal case, it is understandable that you may not want the accused to be barred from communicating with you or to have a criminal record.
In this article, we will share with you everything you need to know about how to write a letter to drop domestic violence charges, so enjoy your read!
Table of contents
What Is A Domestic Violence Letter?
A domestic violence letter is not substantial proof to be presented in court during domestic violence cases. However, every victim has the right to provide one as it shows the sentencing judge how the issue has affected you and your loved ones. You will also be allowed to read the letter out loud in court if you wish.
The letter should be written in accessible language to help those in the courtroom understand what you’ve been through. Still, it should include descriptive words and phrases to help others identify with your experience.
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Domestic Violence Letter Format
While there is no particular format to writing a domestic violence letter, it is better to follow a specific pattern.
1. Introduction
Begin your letter with an introduction that includes your name, occupation or educational status, and a brief description of your past/current relationship with the defendant.
For example, you could claim that you have been married to the defendant since 2010, that you have been divorced since 2016, and that you have two children together. To protect yourself from your attacker, do not disclose personal identifying information such as your mailing address, email address, physical address, or phone number.
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2. Provide details of the violence
This section describes domestic violence occurrences, including abuse (for example, kicking, punching, derogatory names, destruction of personal property and withholding finances).
It should also indicate how the defendant’s behaviour affected you, such as how it made you worry for your life and caused you hurt and pain.
If you are married with kids, explain how the defendant’s actions have harmed them. For example, perhaps your children cannot sleep at night, suffer from nightmares, or struggle to concentrate in school.
How To Write A Letter To Drop Domestic Violence Charges?
Now you are pretty familiar with the format, let’s go on to show you how to write a letter to drop domestic violence charges:
1. Don’t be frightened to write to a court
It is the judge’s responsibility to ensure that everybody concerned in your case is treated fairly and their rights protected. Because you are the lead witness in the case and are not represented by counsel, the court will be concerned about you and your matter. So, don’t be frightened to write the judge a letter. You are not also mandated to use formal/legal terms.
In addition, the prosecutor in charge of the case is not always accessible. You may be unaware of who the prosecutor is in your case, or you may be unable to contact the prosecutor early in the case. Because the prosecutor is not your attorney, they may sometimes act independently or even against your interests.
In any of these instances, you may need to speak up for your interests and needs in front of the court. Or make a mental note of it; the simplest way to accomplish this is to write a concise, brief letter or message.
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2. Make it brief and direct
Make your letter brief, direct, and readable. Please keep your letter to one page to allow the court to skim it. You may handwrite your letter and write it in the language that best reflects your thoughts. Keep in mind that criminal court judges have constant access to qualified interpreters. Don’t worry if you’re writing your letter in a language other than English.
3. Write your name
Ensure your letter shows your printed name, signature, date of birth, date written, and case name or number. All of these things must be present for your court letter to be confirmed and verified.
4. Present the letter to the bailiff
The best moment to deliver your letter to the judge is when the judge summons the case. That is when the court turns its attention to the topic. Hand the letter to the bailiff or court clerk and ask for it delivered to the judge. If you cannot appear in court, a victim advocate or a friend can do so on your behalf. You can also write and mail a letter to the judge. However, time is frequently an issue.
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4. Print duplicate copies
Make five copies of your letter before heading to court. You should be aware that any correspondence you provide to the court will be forwarded to the prosecution, defense counsel, and the probation officer assigned to the case if the case involves a probation violation. Make a copy of the letter for yourself, and always keep it with you!
Sample Letter To Drop Domestic Violence Charges
The example below will give you a clearer idea of how to write a letter to drop domestic violence charges:
[Date]Dear Judge [Name],
I am the victim in the rape case People vs. Roy Keane. The prosecutor, in this case, has ordered me to turn over my whole journal. He’s threatening me, saying I’ll be arrested if I don’t obey.
I am more than willing to allow this case to use relevant portions of my journal as evidence. The majority of my journal, however, is unrelated to the events of this case. Most of my journal entries were written three years before the rape.
I am aware that I have a legal right to privacy. I beg you to stand up for my rights. If I am required to give the prosecutor my whole journal, the prosecutor must provide it to the defense.
It would be cruel and unfair if the defendant were permitted to trample through my most intimate thoughts in my journal and then fish for evidence to use against me after raping me.
Please protect my privacy rights. I’m ready to hand up my journal so you may evaluate whether sections of it need to be used as evidence and, if necessary, issue a protective order on the parts that don’t.
Thank you for your time and consideration.
Signature of the Victim
Victim’s Name in Print
Date of Birth of the Victim.
What Can Make A Domestic Violence Charge Dropped?
Domestic violence charges cannot be dropped by either the accuser or the victim. The district attorney is the only person with authority to dismiss domestic violence cases in court.
Five factors may influence a prosecutor’s decision to drop domestic violence charges in California.
1. Insufficiency of Evidence
In a domestic violence case, the prosecution must show that the defendant committed all components of a specified crime. The defendant “intentionally” touched another person, and the contact was harmful or insulting.
Furthermore, that “someone” is the personal relationship, whether present or former. The most disputed component of the case is willful contact.
The prosecution would have difficulty proving that the touching was intentional if there was no desire or purpose to conduct the crime. As a result, the charges could be dropped, and the case could be dismissed.
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2. Act of Self-Defense or Result from an Accident
To further weaken the credibility of the DV evidence presented, the defendant may claim that the violence occurred in self-defense or as a result of an accident. As a result, the prosecution cannot charge the defendant with “willfully causing physical damage” under Penal Code 273.5.
To prove the accusation, valid evidence, and credible witness testimony are required. Assume it is determined that the violence was unintentional. In that instance, the defendant’s charges may be dropped and the case dismissed.
3. Inconsistency of Statements
Statements are important evidence in pursuing domestic violence charges. To verify the statements, the prosecutor must review them to ensure no inconsistent testimonies from both sides and their witnesses.
The disagreement in the statements could be related to the cause of the violence, the relationship between the two persons, the date of the event, or the body part hit.
The prosecution may request statements from the initial responding officer to the incident and the court-ordered written statement.
If these two statements contradict each other, the prosecutor will regard them as invalid and untrustworthy. As a result, the charges could be dropped, and the case could be dismissed.
4. Absence of Visible Injuries
Domestic abuse does not have to cause apparent injuries. A defendant is not required to face domestic violence charges. To charge someone with domestic abuse, the prosecution must demonstrate that the individual was subjected to hurtful or offensive touching that did not result in bodily harm.
A witness who does not show apparent injuries may make it more difficult to prove that an offense occurred. As a result, the charges could be dropped, and the case could be dismissed.
5. Absence of Independent Witnesses
Witnesses and their statements are crucial to the success of domestic violence cases. Many cases of domestic violence go unreported.
This is not to argue that a defendant cannot be arrested because police officers can arrest someone based on accusations or evidence acquired at the scene of an occurrence.
Independent witnesses verify the integrity of both parties’ testimony. Assume that both parties and the witness make contradicting statements or that no independent witness exists. The charges may be dropped, and the case dismissed in that circumstance.
What Are The Differences Between Criminal Cases and Civil Suits In Domestic Violence Charges?
If you have been the victim of domestic violence, you may be wondering whether you should pursue a civil suit against your abuser, even if a criminal case has already been filed.
Remember that crimes are against the State (only the State can issue or drop charges), whereas civil offenses are against victims (you can choose to sue or not).
Filing a civil suit has advantages. A civil claim is often easier to win than criminal prosecution. It can help you get money to pay for your injuries, lost wages, and other costs associated with the abuse.
The abuser must be proven guilty “beyond a reasonable doubt” in a criminal proceeding. The “reasonable doubt” level is typically around 99 percent. That implies the State would have to prove that your abuser committed the domestic violence offenses with 99% certainty.
In a civil action, the standard is “preponderance of the evidence,” commonly regarded as a 51% requirement. In a civil action, you would have to prove that your abuser committed domestic violence crimes more frequently than not.
FAQs On Letter To Drop Domestic Violence Charges
Only the prosecutor has the authority to dismiss charges if they are filed. A judge must approve a prosecutor’s request to dismiss a case. Even if they decline to testify, the victim is a witness and cannot drop charges. The victim will be informed of the decision if no charges are filed.
If you retract your statement, the matter may go to court if the police believe they have sufficient evidence to charge the defendant.
You will need to seek the withdrawal of the case through an advocate. Your affidavit stating the cause for withdrawal will be filed alongside the application. Don’t hesitate to get in touch with your attorney.
Conclusion
We hope this article on how to write a letter to drop a domestic violence charge satisfies your search intent. Ensure you follow the tips mentioned above to get the desired result.
References
- allapplication.xyz – How to Write a Letter to Drop Domestic Violence Charges (Sample)
- findlaw.com – Can the Victim Drop Domestic Violence Charges?
- softwarediscover.com – How To Write A Letter To Drop Domestic Violence Charges – 5 Easy Ways (Updated Guide for 2023)
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