Domestic violence charges can be very difficult to legally overcome. But the reconciliation process with your partner may be helpful when crafting a resolution strategy with your defense lawyer. If successful, you may improve your chances of getting domestic violence charges dismissed or reduced to lesser offenses.
Ultimately, reconciliation between partners can be an effective approach to repairing one’s relationship. It can also potentially improve your ability to successfully resolve your criminal case but does not guarantee it. If reconciliation is an approach you and your partner want to pursue, it should meet the following criteria:
1) Both parties should genuinely desire to maintain their relationship and agree to seek reconciliation.
2) The victim does not want to prosecute and should share this desire with the prosecutor.
3) Lastly, the offender must commit to long-term training and behavior modification.
Following a domestic violence dispute, reconciliation means change; both the victim and the offender make promises their behaviors will change to ensure a dispute does not occur again. The healing process, which involves acknowledgement of wrongdoing and mutual forgiveness, can then begin. Reconciliation is very important when attempting to persuade a prosecutor to lessen or dismiss charges and it requires a genuine commitment to change.
However, there may be obstacles to securing reconciliation. For example, the victim may request a protective order against the offender resulting from the charges which may limit the parties’ ability to communicate with one another. Additionally, the court may issue a protective order regardless of the victim’s desires. Nevertheless, it’s crucial to communicate with your defense attorney concerning the desire to reconcile. Your attorney may then mediate communications to ensure reconciliation abides with the protective order.
Secondly, remember everything you say to your partner may be used against you in court. Consequently, communicate with your defense lawyer about what to say, when to say it, and how to say it. Doing so will ensure you further the reconciliation process without incriminating yourself in the process.
Lastly, the accused should understand, because of the sensitivities of domestic violence cases, reconciliation may be difficult to achieve. However, with an experienced and well-informed defense attorney at your side, healthy reconciliation can become a reality.
Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 28 years of experience practicing criminal law and criminal defense in the Bryan-College Station Area. Have questions about domestic violence charges and need a lawyer? Contact us 24 hours a day at 979-823-9111 or send us a message here.
