Domestic Violence Dismissed

Things are spiraling out of control. Now the most important person in your life cannot come home. They cannot see their children. How can the Court keep children away from their parent on just the emotional words of one person? You do not want to “press charges” but now it turns out you are “just a witness” for the government. It is not up to you. Your family, your home, your whole life has been turned upside down and you feel powerless.

A domestic violence attorney can get the case dismissed.

When your case is dismissed the no contact order goes away. The family can be together again. Children can see their parent. Your house can be a home again.

A domestic violence attorney at our firm can get the case dismissed.

The most common way that a case is dismissed is that the prosecution is unable to proceed. This usually means they cannot contact the alleged victim of a case. This usually results in dismissal without prejudice. Dismissal without prejudice means they can restart the case later. Usually if they get into contact with the alleged victim because of a new domestic violence allegation.

Sometimes a domestic violence attorney can get enough evidence suppressed, usually for violating a Constitutional Right, that the remaining evidence is not enough for the government to go forward. This also results in a dismissal. This dismissal is more likely to be with prejudice.

The least common, a method, that should still be considered every time, is a Knapstad motion for dismissal. A Knapstad motion is a motion to dismiss because even if the allegation were true there would still be no crime. It should be noted that Knapstad motions do not consider affirmative defenses, defenses that the accused through his attorney must at least raise and sometimes prove. So, clear consent or self-defense cannot technically be the basis for a Knapstad motion.

Dismissals can happen per agreement. Many courts offer Pretrial Diversions, Stipulated Orders of Continuances or other diversions that result in dismissal. These agreements can be good because they are guaranteed ways, assuming you comply with the conditions, of getting the dismissal. However, it should be noted that Washington State Patrol usually will not expunge a record of arrest for a dismissal based on such an agreement. Also, the agreement will be visible to anyone who looks at the court record. They will be able to tell that the case was dismissed per an agreement and not because there was insufficient evidence against the accused.

There may be other reasons to get a case dismissed. These are the major reasons for having a case dismissed.

If you need a result that clears your name and cannot get a dismissal then you may need to go to trial. A “Not Guilty” means the jury decided there was not enough evidence to convict you beyond a reasonable doubt. This is your ultimate chance to clear your name in a domestic violence case.

Contact a domestic violence attorney at Smith & White, PLLC to work on getting your case dismissed.