Can a Domestic Violence Victim Get the Charges Dropped?

American domestic violence hotlines receive over 20,000 calls daily, with police officers often dispatched to the scene. Sometimes the police will arrive after the tensions have cooled down and maybe return without an arrest if they deem no crime was committed.

Even when the police arrest the perpetrator and file charges, it is not uncommon for the defendant and the victim to reconcile and decide to put the matter behind them. As a result, the victim may decide to drop the charges against the defendant.

While doing this may sound easy, it is often not a straightforward process, as that is often the prosecutor’s decision.

The Victim Can Choose Not to Work with the Prosecution

Victims of domestic violence cannot drop a case on their own once charges have been brought against the offender and criminal investigations have begun. Often, it is the responsibility of the prosecution lawyer to drop the charges, meaning the prosecutor may continue even when it’s against the victim’s wish if they find sufficient evidence to prove the case.

“In most cases, the victim’s testimony is critical in giving the criminal charge against a perpetrator weight. When the victim decides not to provide a testimony, the prosecution may have no choice but to drop the charges brought against the defendant,” says lawyer Ryan O’Neill of the Connecticut Domestic Violence Information Center.

While the prosecution has the right to bring criminal charges against the defendant, even if the victim is not interested in the case, the victim can still negotiate with the defense lawyers regarding the dismissal of the charges. As a result, the credibility of the prosecution’s charges against the perpetrator may suffer greatly, and they may drop them altogether.

Refuting Witness Testimony

Prosecutors may proceed with a case if there is still a chance of winning or if they suspect coercion played a role in the victim’s decision to drop the charges. However, some domestic violence cases get to the police because someone witnessed or heard a commotion and called them to the scene.

Under such circumstances, the witnesses’ statements can help add extra weight to the prosecution’s case. But even then, the victim can choose not to support the defense if they intend to have the charges dropped.

Sometimes, the victim may decide to refute the witnesses’ claims. In such a scenario, for example, if a witness tells the court that they heard loud yelling, screaming, and commotion, the victim could claim no violence was committed against them. Even when the victim has visible injury marks, the defense could still find ways of refuting the claim.

The Plea Bargain Option

Sometimes the victim may not be successful in dropping the charges, especially if the prosecution has sufficient evidence to prove that violence occurred. A good example is the presence of video and audio footage or when there were witnesses to the violence. But they could seek to work with the prosecution and the defense for a plea bargain.

A plea bargain involves having the defendant take a guilty plea for the crime or a lesser crime in return for a less severe sentence. Sometimes it is possible to avoid having a criminal record, for example, when the court chooses restorative justice as part of the plea bargain.