Have you ever been charged with domestic violence but had the case dismissed because your accuser didn’t appear in court? While a case dismissal remains a positive outcome for a defendant, for many falsely accused, this case dismissal causes concern that the case could potentially be reopened in the future should the alleged victim decide to refile and testify. This ultimately begs the question, can domestic violence cases be reopened? According to the McConnell Law Firm domestic violence attorneys in Wichita, Kansas, there are certain circumstances where a domestic violence case could be reopened. Learn more about the requirements for refiling a domestic violence case and navigating the statute of limitations below.
Dismissal Without Prejudice
Traditionally, when a case is brought before a judge, the judge will either agree to hear the case or move to dismiss the case from the court’s schedule. The classification of this dismissal is an essential factor affecting whether the prosecution may be allowed to reopen a domestic violence case at a later date. Most commonly, a judge will either dismiss a case “with prejudice,” meaning that the prosecution’s case is legally damaged and the prosecution loses the right to continue seeking relief or bring the case back to court, or they will deem it “without prejudice,” meaning that the case is dismissed without damaging the prosecution’s right to have their matter heard in court at a later date. When a case is dismissed without prejudice, a common occurrence when an alleged victim refuses to appear in court, it allows the prosecution to bring another suit based on the same ground, ultimately allowing them to refile the case throughout the term of the statute of limitations.
Navigating the Statute of Limitations
The other decisive factor determining whether or not a domestic violence case can be reopened is the statute of limitations, a law that sets the maximum amount of time that parties in a legal dispute have to initiate legal proceedings. The statute of limitations for a domestic violence case is generally five years after the alleged crime was committed, although there are a few exceptions that may affect this time period. If a domestic violence case was initially dismissed without prejudice, as discussed previously, and is still within the statute of limitations, the prosecution has the right to contact the prosecutor’s office and campaign for the case to be refiled. However, it remains relatively uncommon without the prompt of an additional domestic violence occurrence or arrest.
“Practically speaking, the alleged victim will never try to refile a domestic violence case absent of something reoccurring, such as another arrest,” said Jonathan W. McConnell, a domestic violence attorney in Wichita, who founded the McConnell Law Firm. “With each day that passes, the probability continues to decrease that the alleged victim will refile the case, but it is always possible.”
Expunging a Criminal Record
If a domestic violence case is dismissed, our domestic violence attorneys at the McConnell Law Firm recommend that the accused file an expungement to expunge the arrest and remove it from their record. An expungement proceeding is a type of lawsuit in which an offender of a prior criminal conviction seeks that the records of the earlier process be sealed, making the record unavailable through the state or Federal repositories.
“Many times, while a couple is going through a separation or a divorce, it is not uncommon for numerous false domestic violence allegations to be brought forward in an attempt to gain an advantage in a financial agreement or child custody battle,” said McConnell. “Of course, it is important that you have the criminal case dismissed and avoid a conviction, but then, you also want to have the arrest expunged and the criminal case removed from your record.”
Because of the complicated expungement process and the various applications, paperwork, and information that needs to be gathered and properly filled out, it is imperative to hire an experienced domestic violence attorney in Wichita to help expunge your record and remove any history of the domestic violence case.
Have You Been Accused?
If a false domestic violence accusation has been made against you, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a domestic violence attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
