Can the Victim Drop Domestic Violence Charges?

Family and relationship dynamics are intricate. In some scenarios, the person who made the accusation may want to recant it. Or, an alleged victim may want to refute a report someone else made on their behalf.

After the complaint, an investigation process begins. The police officer arrives and gathers evidence to determine whether to file domestic assault charges. The police officer takes witness statements and photographs of injuries. They may have you sign an affidavit to support your statement of abuse. After determining probable cause, the police officer might file a domestic violence charge against the suspect and arrest them.

The situation is chaotic. You're scared about what might happen. Perhaps you don't want to see your loved one get into legal trouble for domestic abuse. Many survivors of domestic violence feel the need to protect their abuser. You may wonder: Should you work with the prosecutor or the criminal defense attorney? Do you, the victim, have the authority to drop domestic violence charges?

The answer is no. Once state authorities decide to press domestic violence charges, the victim has no authority to drop the charges. Domestic violence is a serious crime. Depending on the circumstances, offenders may face a misdemeanor or felony charge. In either case, jail time becomes a real possibility.

In other words, since you didn't issue the criminal charge, you can't drop it. The state (in particular, the prosecutor's office) will decide whether to move forward with the case or dismiss the domestic violence charges. Prosecutors often drop charges if they lack enough evidence of abuse. They may also dismiss a clear case of self-defense.

However, you will still play an important role as the proceedings advance.

The Victim's Role in the Domestic Violence Case

You have many roles to play as a domestic violence case moves forward. For example, before trial, the district attorney or prosecutor may reach out to discuss the domestic violence allegations. They will also compare your statement to the one found in the police report.

If the case proceeds to trial, you will likely be required to testify in court against the person accused of domestic violence. Both the district attorney and the criminal defense attorney can subpoena a victim. However, some states, such as California, have victims' rights laws that may allow a victim to refuse to testify under certain circumstances.

The state may also request the victim to provide input on matters of bail, pre-trial release, or sentencing. In addition, the judge may invite the victim to make a recommendation when they decide whether to release the offender.

Filing a Lawsuit

You don't need to be passive if you are a domestic abuse survivor. In other words, a victim's role is not limited to responding to a subpoena and testifying in the criminal case. It's fully within a victim's rights to file a separate civil action regarding domestic violence allegations.

Bringing a civil action means that the victim can sue the abuser. They can seek money to pay for physical injuries, wage losses, psychological damage, and other costs. In a civil lawsuit, unlike criminal cases, the victim can freely choose to dismiss their claim.

Filing for a Restraining Order

A victim can also separately file for a civil protection order or restraining order against an abuser. In this separate civil action, you can decide what relief to seek in the protection order. You can also later request that the court terminate the order when it is no longer needed. Protection or restraining orders can help provide for safety.

Restraining orders may grant exclusive use of a residence. As applicable, the survivor can keep living in a shared home, alone or with any children, while the protection order is in effect. Protection orders may require an abuser to surrender firearms for the order's duration. They can also contain a no-contact order.

Also, depending on your state, a protection order may provide for the option to break a household lease early. The victim may fear that the abuser's release will bring additional harm. In this case, the victim may take this option in order to secure a new residence.

Domestic Violence Charges: Differences Between Criminal Cases and Civil Suits

Domestic violence laws have both civil and criminal sides. If you are a victim of domestic violence, consider filing a civil suit against an abuser, even if there's already a filed criminal charge. Remember, crimes are offenses against the state and only the state can issue or drop charges.

Civil offenses, however, are offenses against victims. A victim can choose whether to sue. There are benefits to filing a civil suit. They can help provide money to pay for injuries, loss of wages, and any other costs related to the abuse. The burden of proof in a civil action is lower than in a criminal case.

In a criminal case, the abuser must be proven guilty "beyond a reasonable doubt." The reasonable doubt standard usually requires more than 90% certainty. That means the state would have to prove that there is at least a 90% chance that your abuser committed domestic violence acts.

In a civil case, however, the standard is "preponderance of evidence," which usually requires a 51% standard. So, a civil case only requires proof that it is more likely than not that your abuser committed the domestic violence acts.

Changing or Recanting a Statement

Even though victims can't drop domestic violence charges that the state files, victims frequently want to change or recant their statements to police and investigators. 

Recanting means taking back the original statement. For example, a victim may tell police that their spouse caused physical harm but might later want to recant that statement. Eighty to ninety percent of domestic violence victims recant.

Can a Victim Get in Trouble for Recanting an Accusation?

Yes, reversing a domestic violence accusation can lead to legal problems, but it depends on the case. Police and prosecutors don’t always press charges for recanting, especially if they believe the accuser thought the danger was true.

Although the victim may believe they are aiding the case’s defense strategy, recanting is not always a good idea. Recanting won't necessarily force the state to drop the case. The state can still prosecute the case using police reports, photographs, medical records, witnesses, and other evidence.

A victim who recants may face criminal charges for falsifying information to law enforcement authorities and the court. Victims of domestic violence may not understand that recanting domestic violence allegations can result in a criminal record if they are later convicted of falsification.

For these reasons, victims should seek legal advice before recanting any statement. You may want to consult with a family law or criminal defense lawyer about the risks.

Why Do Some Victims of Domestic Violence Recant Their Statements?

Reasons vary but may include:

• Emotional pleas from the offender or other family members
• Minimization of the offense by the offender or others
• Financial dependence on the offender
• A desire not to see the offender serve jail time
• Embarrassment or shame felt by the alleged victim
• Statements from the offender that they are contemplating suicide
• Stress due to the criminal investigation and court process
• Fear of retaliation and violence leading to further harm
• Concerns about child custody and children’s safety

Taking back a domestic violence accusation is a sensitive matter. This decision calls for careful reflection and legal counsel. An attorney can advise you on safety concerns and minimize the burden of the legal process.

Pressuring a Victim or Reporter To Recant

In a domestic violence defense case, the defendant can’t coerce the accuser to recant. A prosecutor may view this as witness tampering or intimidation. This act is an additional criminal offense.

If you face threats to your safety or other pressure to change your statement to the police or court, speak to your domestic violence attorney.

Other Resources for Domestic Violence Cases

The process following a domestic violence situation can be confusing and emotionally challenging. This is true for the victim and those close to the criminal case.

Courts and prosecutor's offices often allow help from victim services professionals such as victim advocates. These advocates can meet and talk with victims throughout the life of the case. They can provide victims with information on community services and emergency shelters. Advocates can also help address other needs.

Trying To Drop a Domestic Violence Charge? Speak With a Lawyer

Dropping a domestic violence charge may be unlikely, but there may be other things you can do to protect yourself and your children. You may want to know more about your options when the state issues domestic violence charges.

Get domestic violence support. Seek the advice of a lawyer who understands the impact of both family law and criminal law in your area. You can contact a local family law attorney today.