Dropping domestic violence charges against someone in Victoria is not a simple matter. It's critical to understand that after receiving a complaint of an offence and compiling relevant evidence, it’s the police that file charges. If the police and court believe they have a strong case, they may still press charges even if the victim requests that they be dropped. So, you can’t simply drop charges; what you can do is file what’s called a “statement of no complaint”.
The process of getting charges dropped against someone is complex. It’s a good idea to speak to an experienced domestic violence lawyer who can help guide you through navigating this process and give your partner or family member the best possible chance of having the charges against them dropped.
What Is a Statement of No Complaint?
A "statement of no complaint" is a document that a victim or complainant gives to the police in writing, expressing their desire for the charges against an accused individual to be dismissed or to clarify a statement that was first obtained by the police.
Although there are a few restrictions on this claim, it effectively informs the relevant prosecuting agency that the complainant in the case is no longer in favour of the prosecution. This does not equate to a withdrawal of the statement.
How to Drop Charges Against Someone for Domestic Violence?
When considering how to drop charges against someone for assault, similar steps apply as those in domestic violence cases, including filing a formal statement and working closely with legal counsel. A family member may choose not to report domestic abuse to the police or to support the investigation of domestic abuse for several reasons, including personal grievances. In our legal practice, it is not uncommon for a third party—a neighbour or family member, for example—to call the police in response to a fight between a couple. Both parties make statements under duress, and neither party intended for the authorities to get involved or for any criminal charges to be brought. This can swiftly spiral out of control, and it frequently does. Legal counsel should be sought early.
Understanding bail and how it works is also crucial, as it impacts whether the accused can be released pending further proceedings. Following a formal statement from the complainant, the police proceed with a few steps, such as gathering a summary of the evidence, filing charges against the accused, and, if necessary, issuing a family violence safety notice or intervention order. The 2004-developed Code of Practice for the Investigation of Family Violence (Code of Practice) governs police procedure in Victoria.
To support a discontinuation of proceedings once a family member or partner has submitted a statement to the police, the first step is to have a lawyer draft a statement of no complaint. This is a legal document that the prosecution and informant have access to. After that, your defence attorney will work with the prosecution to assess the case and, if necessary, work to have the accusations against the accused dropped.
Why Would a Victim Need to Consult a Different Lawyer?
A criminal defence attorney can never represent both the respondent and the defendant. A conflict of interest exists here. When representing a family member or complainant, a lawyer working exclusively on their behalf will look out for their objectives and best interests.
Police frequently include a sentence that reads, "I am happy with how police have investigated this matter," in their statement of no complaint while signing it at the station. "I acknowledge that what I said earlier is true and accurate, but after more thought, I don't want to pursue this." By doing this, the individual submitting the statement of no complaint attests to it in a second sworn declaration.
This can be ineffective, for instance, if the complainant believes that the charges should be dropped, and their initial statement was false for any reason. An initial statement might not be true for a variety of reasons; thus, it is always best to handle these issues with an impartial attorney working in the complainant's or the impacted family member's best interests.
Nevertheless, the decision to drop criminal charges is ultimately based on a variety of factors. The withdrawal of criminal charges against an accused individual does not always follow from the claimed victim's statement of no complaint.
A police supervisor will decide whether to drop charges based on the following factors:
- The strength of the police case in the absence of the victim's cooperation
- Creation of a risk assessment and management strategy
- The possibility of a successful prosecution
An examination of the police brief of evidence by the investigating officer is known as a case review. The victim, a family violence advocate or support worker, police officers, or a police lawyer may attend a case review. Following the review, a determination will be made on the prosecution of charges, and your defence attorney will be informed of this decision.
Conclusion
Releasing allegations of domestic abuse against an individual is not exclusively in the victim's hands. Even if the victim files a statement indicating that they have no complaints, this does not guarantee that the charges will be dropped. A different attorney can represent the victim's best interests and handle the charge-withdrawal procedure, making sure that all legal requirements are met. All things considered, the procedure for dropping charges in domestic abuse cases is complex and demands careful navigation as well as consideration of numerous elements outside the victim's preferences.
