How To Drop Charges Against Someone for Domestic Violence in Australia
Pressing charges against someone for domestic violence in Australia is a serious matter that can result in severe penalties. Yet, victims of domestic violence may find that they wish to drop the charges for a variety of reasons. If you wish to do this, read below to discover how to drop charges against someone for domestic violence in Australia, with a particular focus on Queensland.
What Legislation Governs Domestic Violence in Queensland?
In Queensland, the primary legislation governing domestic violence is the Domestic and Family Violence Protection Act 2012 (Qld). This Act outlines the legal framework for protecting victims and addressing domestic violence incidents. Additionally, the Criminal Code Act 1899 (Qld) also covers various aspects of criminal offences, including domestic violence.
Can I Directly Request for Domestic Violence Charges to be Dropped?
The simple answer is no, you cannot solely request for charges to be dropped. There is a formal process one must go through when looking to drop charges against someone for domestic violence in Australia. This formal process involves the victim or complainant writing a letter, called a Statement of No Complaint.
What is a Statement of No Complaint?
A Statement of No Complaint is a written statement provided to police by a victim or complainant of a crime expressing that they no longer wish to pursue charges against the person accused of an offence. Individuals who may choose to write this statement are victims or affected family members of domestic violence. There are a variety of reasons why someone may wish to file a Statement of No Complaint, such as:
- Amending their initial police statement, as it was inaccurate, untrue, or unreliable due to the circumstances in which it was completed.
- Wanting to maintain a relationship with the accused person.
- Not wanting to proceed with the matter.
- Not wanting to give evidence in court.
If you decide to write a Statement of No Complaint, it is important to address the following within the letter:
- The writer’s contact information such as address, phone number, and email.
- A formal acknowledgement to the individual the letter is being addressed to, which may be a prosecutor.
- An introduction to who you are and the reason for writing the statement. This should also mention the case you are discussing and how it is relevant to you, as well as the case number if applicable.
- The request the writer is wanting to make, as well as the justification behind the request. It is not only important to say that you are wanting to drop domestic violence charges, but it could be helpful to the prosecutor to explain why you are wanting the charges dropped.
Will a Statement of No Complaint Guarantee Dropped Charges?
While a Statement of No Complaint is helpful in guiding the prosecution’s decision, ultimately the decision rests with the police and the prosecutor. The reasons for this are the following:
Public Interest: Prosecutors and the court may consider greater public interest when deciding whether to drop charges, especially for more serious crimes such as domestic violence.
The Statement’s Impact on Evidence: A Statement of No Complaint may be filed as evidence in the case of domestic violence. This is especially true if it contradicts the victim’s initial statement, as it can impact the overall credibility of the victim’s testimony.
Evaluation of Credibility and Voluntariness: It is possible that the prosecutor or court could look into whether the Statement of No Complaint was composed under the victim’s free will or whether there was pressure on the victim to write it. In any circumstance, it is vital for the writer of the Statement of No Complaint to be completely truthful as any fabrication can lead to penalties.
Therefore, even if a Statement of No Complaint is filed, it is still possible for the prosecutor to continue with the domestic violence charges.
Other Ways to Have Domestic Violence Charges Dropped in Queensland
Apart from submitting a Statement of No Complaint, there are other avenues through which domestic violence charges might be dropped:
1. Review by the Prosecution: The prosecution may review the case and decide not to proceed with the charges if there is insufficient evidence to support a conviction. This decision can be based on the quality of the evidence, the likelihood of a successful prosecution, or the public interest in pursuing the case.
2. Diversion Programs: In some cases, the accused may be eligible for a diversion program. These programs aim to address the underlying issues that contributed to the domestic violence incident, such as substance abuse or mental health problems. Successful completion of such a program might lead to the charges being dropped.
3. Withdrawal by the Police: The police can decide to withdraw charges if they determine that there is not enough evidence to proceed or if they believe that continuing with the case is not in the public interest. This can happen before the matter goes to court.
4. Mediation and Family Dispute Resolution: In some instances, particularly where the violence is less severe, mediation or family dispute resolution might be considered. If both parties agree to participate and reach a resolution, it might influence the decision to continue with the prosecution.
5. Defence Applications in Court: The defence lawyer may file applications to the court to have the charges dismissed. This can be based on various grounds, such as lack of evidence, procedural errors, or breaches of the accused’s rights. If the court finds merit in these applications, it might dismiss the charges.
Need Help or More Information on How to Drop Charges Against Someone for Domestic Violence in Australia?
If you are seeking to drop domestic violence charges against someone in Queensland, Australia, the legal team at Smith Cambridge Lawyers can provide assistance. Our team is comprised of experienced lawyers well versed in domestic violence matters, allowing us to assist with a variety of violence and assault charges, firearms and weapons charges, drug charges and other criminal charges, and can offer personal counsel based on a case by case basis. To schedule a free consultation with one of our lawyers, we invite you to contact us.
