Can I dismiss Domestic Violence Charges?

Domestic Violence Lawyer Explains Your Options

Couples argue, tempers flare, and sometimes things escalate. Disputes may arise during a separation, accusations of cheating, or disagreements over children. In other situations, tension builds simply from living in the same home. When an argument gets heated, one person may decide to call the police. Sometimes that call is necessary—but other times it happens for the wrong reasons, such as trying to “teach someone a lesson” or gaining leverage in a divorce or custody dispute.

If you have been accused of domestic violence, contact Michigan domestic violence lawyer Aaron J. Boria today at (734) 453-7806.

The Problem With Domestic Violence Reports

Once a domestic violence report is made, it becomes extremely difficult to take it back. Even in cases where the report should not have been made—or where tensions have cooled and everyone wants to move on—a simple call to the police can create a serious legal problem.

Domestic Violence Penalties in Michigan

Domestic violence is a criminal offense in Michigan, with penalties that vary depending on the allegations and prior history. A conviction may result in:

• Up to 93 days in jail, 1 year, or more for aggravated charges

• Probation, counseling, or mandatory programs

• Permanent loss of the right to possess a firearm, which can jeopardize careers for military members, security professionals, and others

• A criminal record that can impact employment, child custody, and housing

Prosecutors face tremendous public pressure to secure convictions in domestic violence cases, and judges are often encouraged to impose harsh penalties.

Can I Get Domestic Violence Charges Dismissed?

Judge Bondy of the 52-1 District Court in Novi said it best:
“When you invite the government into your home, it isn’t on your terms.”

Once police are called to investigate a domestic violence complaint, their job is to make an arrest if they believe a crime occurred. After that, the prosecutor—not the alleged victim—decides whether to file charges.

It is not you versus your spouse or the person you called the police on. The case becomes:

The State of Michigan vs. the Defendant.

You are a witness, not a party to the case—and because of that, you do not control whether charges get dismissed.

Why Prosecutors Rarely Dismiss Domestic Violence Charges

Prosecutors are typically reluctant to drop domestic violence charges, even when the complaining witness wants the case dismissed. Some prosecutors may threaten the witness with a charge of filing a false police report if they recant their statement. Often, this is an empty threat—but it creates fear and confusion for families who simply want the case resolved.

This approach is wrong. Prosecutors should seek the truth, not destroy lives or worsen family situations. Fortunately, an experienced domestic violence defense attorney can often navigate around these issues and protect both the accused and the complaining witness.

Why You Need a Michigan Domestic Violence Lawyer

At Aaron J. Boria, PLLC, we understand that misunderstandings happen, tempers flare, and mistakes occur—on both sides of a domestic dispute. Our goal is to prevent those moments from ruining your life.

We will aggressively fight to:

• Protect your rights

• Expose weaknesses or inconsistencies in the police report

• Challenge evidence

• Prevent a wrongful conviction

• Seek a dismissal or Not Guilty verdict whenever possible

Aaron J. Boria has obtained Not Guilty verdicts and outright dismissals in courts throughout the State of Michigan.

If you or someone you care about is facing domestic violence charges, contact our office today for a free consultation at (734) 453-7806.