How to Get Domestic Violence Charges Dismissed in North Dakota

How to Get Domestic Violence Charges Dismissed in North Dakota

Discover proven strategies on how to get domestic violence charges dismissed in North Dakota. Take action to protect your rights today!

In a press release published in April 2024, the North Dakota Domestic & Sexual Violence Coalition reported that advocacy centers in the state served 1,288 victims of sexual assault and 6,131 victims of domestic violence in 2023.

The above statistics are undoubtedly shocking and sobering. However, albeit rare, there are some cases wherein false allegations about domestic violence have occurred.

If you or someone you care about is facing such allegations in North Dakota, it’s imperative to learn how to get domestic violence charges dismissed. The sooner the dismissal, the better, considering that such charges cause life-changing consequences, from having a criminal record to reputation damage and psychological distress.

In this guide, the legal experts at Heartland Law Office, our criminal defense law firm in Bismarck, ND, will share insights into legal defense for DV charges to get them dismissed.

Getting Expert Legal Defense in ND

The first and most crucial step when facing a domestic violence charge in North Dakota is consulting a highly skilled and experienced defense attorney. It should be your top priority, as you need someone well-versed in the many complex North Dakota DV laws to navigate the charge. They’ll carefully review the case and explain all possible defenses to counter the allegations and get the charges dismissed.

Gathering Evidence Proving the Accusations Are False

North Dakota Court Rule 48 governs the dismissal of criminal charges. The process requires filing a motion and providing evidence countering the allegations.

There are several defenses a highly experienced defense lawyer can use for your case, including establishing that the plaintiff (or the accuser) has lied about the abuse. To prove this, your defense attorney in Bismarck, ND, will build a strong case that contradicts the accuser’s story, such as:

• Timelines that don’t align
• Physical evidence
• Witness testimonies
• Inconsistencies to the plaintiff’s story
• Proof of motive to fabricate the claim

According to the Coalition to End Domestic Violence, a study found that 10% of Americans have experienced false accusations of abuse. There are many reasons accusers lie about being victims, and your lawyer will explore all these possibilities when building your domestic violence defense in ND.

Manipulation and Control

Accusers may make false domestic abuse or violence claims because they want to control or manipulate their partner. They may do this to gain an advantage over marital and familial affairs, especially in child custody disputes.

Fear

Accusers may also lie about domestic violence for fear of getting arrested for a crime they’ve committed. In this case, their goal is to shift the responsibility onto their partners.

Intoxication or Alcohol Use Disorder (AUD)

According to the National Institute on Alcohol Abuse and Alcoholism, AUD co-exists or contributes to psychosis. People with psychosis experience symptoms that cause them to lose touch with reality. Likewise, gross intoxication, either due to drugs or alcohol, may cause someone to have:

• Hallucinations
• Delusions
• Disorganized thinking and speaking

Extreme intoxication or AUD can cause an accuser to imagine or even have hallucinations about domestic abuse, even though no such thing has occurred.

Extreme Anger

Accusers experiencing extreme anger may lie about their partners abusing them. For example, a person who found that their partner has cheated on them may make false allegations about abuse as a form of revenge.

Financial Gain

Some people may make false accusations about domestic violence to gain a financial advantage. An example is if they want to obtain a larger share of assets during a divorce.

Researching the Credibility of Witnesses

The plaintiff’s legal party may call on witnesses to provide their first-hand account of the alleged incident of domestic abuse or violence. They can be friends, family members, or co-workers of the accuser. Their story may project you, the defendant, as an abusive partner or a person with violent tendencies.

In this case, your defense attorney’s goal is to question the witnesses’ credibility. To do this, your lawyer may research the witnesses’ backgrounds and see if they witnessed what they said they did.

Using Self-Defense as a Defense Strategy

Self-defense, defined as using reasonable force to protect oneself from an aggressor, is one of the dismissal strategies North Dakota defense lawyers use for cases of abuse, violence, or homicide.

For example, suppose you did push your partner but only because they were coming at you to hurt you physically. For a self-defense strategy to be valid, your attorney must prove that you acted out of the belief you were in danger. In this case, your lawyer may use one or more of the following as evidence:

• Defensive wounds on your body following the altercation
• Notes in the police report about the victim being intimidating or violent
• Testimonies from credible witnesses who saw that the victim was violent and initiated the altercation
• Medical records indicating you have a history of being an abuse victim

Providing Physical Evidence Disproving the Claims

Suppose your partner is falsely claiming that you have abused them at a specific time or date. You didn’t commit what they said you did, as you were someplace else and wasn’t with them. In this case, your defense attorney in Bismarck, ND, will strive to locate physical evidence, such as surveillance footage and camera recordings, to give you a solid alibi.

Guiding and Supporting You Throughout the Case

Once your domestic violence lawyer has built your robust defense case, they will file a motion to have your charges dismissed. They will present your case with the evidence and deliver solid arguments for the dismissal.

That’s How to Get Domestic Violence Charges Dismissed

As you learned in this guide on how to get domestic violence charges dismissed, the first, most crucial step is seeking expert legal counsel. Remember: While you may file a motion for the court to dismiss them, they will only likely reject the motion unless you provide compelling evidence.

Let the highly experienced defense attorneys at Heartland Law Office represent you and protect your rights in a domestic violence case. Our founder, Attorney Patrick Waters, has extensive experience in criminal defense and family law, having been in practice for 17 years.

Call us today so we can provide you with a complimentary case consultation.