Can a victim drop domestic violence charges?

Why the victim cannot drop the charges

A criminal case is brought in the name of the state — “The People” or “The State” against the defendant. The victim is a witness, not a party. Once police arrest someone and the prosecutor files charges, the decision to continue or dismiss rests with the prosecutor. This is true for all crimes, but it matters most in domestic violence cases, where victims often face pressure to withdraw.

No-drop policies

Many prosecutors' offices follow “no-drop” or “evidence-based prosecution” policies for domestic violence. These developed because victims frequently recant under pressure from the abuser, family members or financial dependence, and because abuse tends to escalate. Under these policies, cases go forward when there is enough evidence without the victim's testimony.

How prosecutors prove a case without the victim

• 911 recordings and dispatch records.
• Body camera footage of the scene and the victim's statements to officers.
• Photographs of injuries and property damage.
• Medical records.
• Testimony of neighbors, children or other witnesses.
• The defendant's own statements, texts or jail calls.
• Prior incidents, where the rules of evidence allow.

Some of the victim's statements can be used without their testimony. Statements made to 911 operators during an ongoing emergency are generally admissible, while statements made to police mainly to document a past crime are “testimonial” and usually cannot be used unless the victim testifies (Davis v. Washington, 2006). If the defendant caused the victim's absence — for example by threats — the defendant loses the right to object (forfeiture by wrongdoing).

Can a victim be forced to testify?

Yes. A prosecutor can subpoena the victim, and ignoring a subpoena can lead to a warrant or contempt. In practice, prosecutors often avoid jailing reluctant victims, but the power exists. Spousal privilege, which lets a spouse refuse to testify against the other in some situations, usually does not apply when the spouse is the alleged victim.

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What a victim can do

• Talk to the prosecutor or victim advocate and explain their wishes and concerns. Prosecutors consider the victim's views, safety and the strength of the evidence.
• Submit a written statement about what they want to happen.
• Ask about alternatives, such as diversion, a plea to a lesser charge, or a batterer intervention program.
• Get independent legal advice. A victim can consult their own lawyer or a legal aid attorney.

A warning about recanting

A victim who told police one thing and later testifies to something different can face questions about the change, and in rare cases a charge for making a false report or perjury. Victims who are afraid or under pressure should tell an advocate rather than change their account. Prosecutors see recantation regularly and understand why it happens.

Protective orders are different

A civil protective order that the victim requested is the victim's own case. The victim can ask the court to modify or dismiss it. A criminal protective order issued as a condition of bail or probation, however, belongs to the criminal court and can only be changed by the judge in that case — often after a hearing. Until then, contact remains prohibited.

What happens if the case is dismissed

If the prosecutor dismisses the charges, any criminal protective order usually ends with the case. The victim can still seek a civil protective order and pursue a civil lawsuit for damages. Dismissal is also not a finding that no abuse occurred, and family courts can consider the underlying events in custody decisions.

Help for victims

Victim-witness advocates in the prosecutor's office explain the process, attend hearings and help with safety planning and compensation. Community domestic violence programs and the National Domestic Violence Hotline (1-800-799-7233) offer confidential help, including for victims unsure whether they want the case to continue.

Civil cases the victim does control

The victim alone decides whether to file and continue a civil lawsuit for damages, a divorce, or a custody case. Those cases can go forward regardless of what happens in the criminal case, and a criminal conviction can be used as strong evidence in them.