Understanding Phoenix Domestic Violence Cases

Domestic violence is a serious crime and an insidious one. If you live with someone, and they’re a physical threat to you, you won’t feel safe in your home. A family member who harms you should face punishment, and there are domestic violence laws in place for that purpose.

What is vital to keep in mind, though, is that domestic violence laws vary according to the state in which you live. You might face a penalty for domestic violence in one state that will be less in another.

In this article, we’ll discuss domestic violence cases in Phoenix, Arizona. In particular, we’ll talk about what happens if a domestic violence survivor doesn’t want to press charges against their attacker.

Why Might a Domestic Violence Victim Not Want to Press Charges?

If a Phoenix domestic violence victim doesn’t press charges, you might wonder why. If someone harms you, doesn’t it make sense to charge them with the crime?

Unfortunately, it is rarely that simple. Many domestic violence situations involve complicated emotions. Sometimes, the survivor does not want to press charges because they still love the person who harmed them.

It’s also possible that the domestic violence survivor has been in abusive relationships before. Growing up with these relationships normalizes them. Strange as it may sound, some domestic violence survivors seek out individuals who will abuse them, even if they don’t do so intentionally. They equate abuse with love.

Aside from that, a fear element often exists as well. If the domestic violence survivor tries to accuse their abuser, they might worry that this will enrage the individual even further. The police telling the victim they will keep them safe will probably fall on deaf ears.

There is one final element. It could be that the abuser is the household’s primary breadwinner. The domestic abuse survivor might not want them in jail because then, there is no money coming into the home.

Arizona Domestic Violence Cases

Phoenix, located in Arizona, sees plenty of these cases. It could be that a friend or neighbor calls the cops if there’s a commotion happening next door. Based on what the police see when they arrive, they might arrest a household member right there.

If it turns out later that the abused individual does not want to press charges, that leaves it up to the prosecutor to choose whether they wish to act independently. They can if they want to. They don’t need the abused individual’s permission to bring the law’s full weight against the abuser.

What Happens in These Instances?

Let’s say one of these situations occurs. The police come to investigate a domestic disturbance call, and they find someone battered and an individual with bruised knuckles. It seems pretty clear what happened, even if the victim does not cooperate and elaborate on what took place.

The police can arrest the abuser at their discretion based on the evidence they see. If the abused person does not want to press charges, the prosecutor can still bring charges against them. What will happen first is they will look at the situation carefully to see what’s warranted.

These are not easy decisions. Sometimes, abuse can escalate to the point where the abuser will severely injure or even kill the object of their wrath. Escalation seems almost inevitable in some of these cases.

The prosecutor must take that into account. If they feel like the abused person’s life is in danger, even if they don’t want to press charges, the prosecutor might still throw the law’s full weight at the abuser.

The prosecutor might only want to move forward, though, if they feel like they can win their case. In Arizona, just like anywhere else, a prosecutor will have less chance of winning a criminal trial if the abused person will not cooperate.

They can still subpoena the victim and demand they testify under oath. This is a horrific scenario for the abused person since they know that their testimony may only enrage their abuser further.

To put it mildly, these are tough situations. Life and death might very well hang in the balance based on a prosecutor’s decision.

They sometimes move forward without the victim’s blessing, though, if they feel like it’s the move that makes the most sense. If that happens, then hopefully, the prosecutor can get a conviction. If they can’t convince a jury, and the abuser walks free, the abused individual will be in more danger than they were before.

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