Can Accusers Drop Domestic Violence Charges after an Arrest in Utah?

by Bruce L. Larsen

In the heat of a domestic argument or in an effort to gain advantage in divorce, one party may call police to falsely accuse another of domestic violence. However, the nature of domestic violence often causes police to doubt rescinded accusations and proceed with an arrest to protect a victim. Even individuals who are innocent of all charges need to seek support from experienced Salt Lake City domestic violence defense attorneys before making any statements to law enforcement.

An alleged domestic violence victim does not need to show any physical signs of abuse to levy charges, as the Utah Cohabitant Abuse Procedures Act includes threat of violence or physical harm in its definition of domestic violence. Since the fear of additional violence may cause true victims to withdraw their complaints, police often err on the side of the complainant in domestic violence cases. This same degree of caution typically extends after the arrest, prohibiting accusers from dropping the charges.

These harsh Utah laws serve to protect domestic violence victims, but they can also unjustly destroy the lives of falsely-accused individuals or even people who spoke in the heat of anger during a domestic argument. No one should ever attempt to clear up the situation without representation by domestic violence defense lawyers in Salt Lake City with extensive experience in this challenging area of criminal law.

The experienced defense lawyers at Larsen, Larsen, Nash & Larsen provide a strong, ethical defense without judgment. We offer free consultations to individuals throughout northern Utah. Contact us to learn how we can help.

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