Can the Alleged Victim Drop the Domestic Violence Charges Against Me?

When you’re facing domestic violence charges, it’s natural to hope that if the alleged victim has a change of heart, the whole ordeal will just go away. We’ve had countless clients come to us asking, “If the person who accused me of domestic violence wants to drop the charges, will the case be dismissed?”

The short answer is: probably not. In the vast majority of domestic violence cases, once charges have been filed, the alleged victim doesn’t get to decide whether to drop them. In this post, we’ll walk you through how a domestic violence case typically unfolds and explain your options if you’ve been accused of this serious offense.

The Alleged Victim Doesn’t Get the Final Say

Many people are surprised to learn that in a domestic violence case, the alleged victim doesn’t actually “press charges.” That’s because, technically speaking, criminal charges are filed by the government, not by an individual.

Here’s how it usually works:

1. The alleged victim or a witness reports a potential domestic violence incident to the police.
2. The police investigate, which typically involves:
   • Taking statements from the alleged victim, the accused, and any witnesses
   • Documenting any visible injuries or property damage
   • Making an arrest if they believe there is probable cause that a crime occurred
3. The police then hand the case over to the prosecutor’s office. It’s the prosecutor who reviews the evidence and ultimately decides whether to file formal criminal charges.

So while the alleged victim’s statement to the police certainly carries weight, it’s just one piece of the puzzle that prosecutors consider when deciding whether to pursue a case. This is true whether the charge is a misdemeanor or a felony.

Why Don’t Prosecutors Just Drop Cases When the Alleged Victim Asks?

If you’re thinking, “Ok, but what if the alleged victim later tells the prosecutor they want to drop the charges?” – we hear you. It’s a common question, and there are a few key reasons why prosecutors are often reluctant to drop domestic violence charges solely based on an alleged victim’s request.

1. Concern for the Victim’s Safety

Unfortunately, it’s all too common for victims of domestic violence to feel pressured by their abuser to recant their story or ask for charges to be dropped. The abuser may make promises to change, threaten retaliation, or manipulate the victim into feeling guilty or scared to testify.

Prosecutors are acutely aware of these dynamics. By moving forward with a case even if the alleged victim gets cold feet, they aim to protect victims from further coercion or abuse.

2. Holding Abusers Accountable

Even if an alleged victim downplays an incident or changes their story, prosecutors may still choose to move forward if they believe the accused poses an ongoing threat. Part of a prosecutor’s job is to hold offenders accountable and prevent future domestic violence, even if the current victim is reluctant to cooperate.

3. Upholding Justice

At the end of the day, prosecutors have a duty to seek justice when they believe a crime has been committed. If there is compelling evidence that domestic violence occurred, many prosecutors feel ethically bound to pursue the case, regardless of the alleged victim’s wishes.

Uncooperative Victim Testimony: A Hurdle, But Not Always a Dealbreaker

An alleged victim’s refusal to testify or recantation of their original allegations can certainly make it harder to prosecute a domestic violence charge, but it doesn’t guarantee the case will be dropped. That’s because prosecutors can still move forward if there is other convincing evidence, such as:

• 911 call recordings
• Witness statements
• Medical records documenting injuries
• Photos of injuries or property damage
• Admissions made by the defendant
• The defendant’s prior history of domestic violence
• Restraining orders or other court records

However, there’s no question that victim testimony is often the linchpin of the prosecution’s case. If an alleged victim does a complete 180 on the stand, it can seriously undermine the credibility of the case against the accused.

The Role of a Criminal Defense Attorney

If you’re facing a domestic violence charge, having an experienced criminal defense lawyer in your corner is absolutely critical. A skilled attorney can:

• Meticulously review all the evidence against you, including police reports, to identify holes in the prosecution’s case
• Negotiate with the prosecutor to seek reduced charges or dismissal, using mitigating factors like an uncooperative victim as leverage
• Argue for dismissal if there were legal errors in the investigation or charging process
• Craft a compelling defense strategy for trial
• Make sure you understand the life-altering ramifications of a domestic violence conviction so you can make informed decisions about how to proceed

While an alleged victim wanting to “drop” the charges is not an automatic get-out-of-jail-free card, in some cases, a savvy defense attorney may be able to use an alleged victim’s uncooperative stance to persuade the prosecutor to dismiss the case, especially if the other evidence is weak.

Timing Matters

If you’ve been arrested for domestic violence, we cannot stress this enough: the earlier you involve an experienced criminal defense attorney, the better your chances of a positive outcome.

Ideally, you want your lawyer involved before formal charges are even filed. That way, they may be able to present mitigating evidence to the prosecutor – like an alleged victim’s statement that they don’t want to pursue charges – before the prosecutor makes a charging decision. If that window has passed, your attorney should still pressure-test the state’s case as early as possible to push for a dismissal or negotiate a favorable plea deal.

The more time that goes by, and the more resources the prosecutor’s office invests in the case, the harder it can be to change course. So if you’re facing potential domestic violence charges, don’t wait to seek legal counsel.

Don’t Face Domestic Violence Charges Alone

Being accused of domestic violence is an incredibly stressful experience, and the stakes could not be higher. A domestic violence conviction can upend every aspect of your life, from your personal relationships to your career prospects to your basic rights and freedoms.

If you’re facing domestic violence allegations in Rock Hill, SC or the surrounding areas, don’t leave your fate up to chance. Reach out to the dedicated criminal defense attorneys at Okoye Law today for a confidential consultation. We have deep experience handling these sensitive cases, and we’re ready to put our skills to work for you.

Together, we’ll build a strong defense strategy aimed at securing the best possible resolution. You don’t have to go through this alone – contact us today to get started.