{"id":351803,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/domestic-violence\/can-the-victim-drop-domestic-violence-charges.html"},"modified":"2026-07-06T10:10:00","modified_gmt":"2026-07-06T15:10:00","slug":"can-the-victim-drop-domestic-violence-charges","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-violence\/can-the-victim-drop-domestic-violence-charges.html","title":{"rendered":"Can the Victim Drop Domestic Violence Charges?"},"content":{"rendered":"\n
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Can the Victim Drop Domestic Violence Charges?<\/h1>\n\n
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\n By Hannah Hilst<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

No, the victim cannot drop domestic violence charges. The process behind criminal charges is often misunderstood. Most people wrongly believe that victims of crime decide to issue the charges. But the state prosecutes the crime, not the victim.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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.<\/p>\n

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\u00a0domestic violence<\/a>\u00a0charge against the suspect and arrest them.<\/p>\n

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?<\/p>\n

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<\/a> charge. In either case, jail time becomes a real possibility.<\/p>\n

In other words, since you didn’t issue the criminal charge<\/a>, 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.<\/p>\n

However, you will still play an important role as the proceedings advance.<\/p>\n

The Victim’s Role in the Domestic Violence Case<\/h2>\n

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.<\/p>\n

If the case proceeds to trial, you will likely be required to testify in court<\/a> against the person accused of domestic violence. Both the district attorney and the criminal defense attorney can subpoena <\/a>a victim. However, some states, such as California, have victims’ rights laws that may allow a victim\u00a0to refuse to testify<\/a>\u00a0under certain circumstances.<\/p>\n

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

Filing a Lawsuit<\/h3>\n

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<\/a> regarding domestic violence allegations.<\/p>\n

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<\/a>.<\/p>\n

Filing for a Restraining Order<\/h3>\n

A victim can also separately file for a civil protection order or\u00a0restraining order<\/a>\u00a0against 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Domestic Violence Charges: Differences Between Criminal Cases and Civil Suits<\/h2>\n

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.<\/p>\n

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\u00a0money to pay for injuries<\/a>, 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.<\/p>\n

In a criminal case, the abuser must be proven guilty “beyond a reasonable doubt<\/a>.” 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.<\/p>\n

In a civil case, however, the standard is “preponderance of evidence<\/a>,” 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.<\/p>\n

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The specifics of domestic abuse charges vary by state law. Find an attorney near you<\/a>.<\/p>\n

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Changing or Recanting a Statement<\/h2>\n

Even though victims can’t drop domestic violence charges that the state files, victims frequently want to change or recant their statements<\/a> to police and investigators.\u00a0<\/p>\n

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<\/a>\u00a0of domestic violence victims recant.<\/p>\n

Can a Victim Get in Trouble for Recanting an Accusation?<\/h3>\n

Yes, reversing a domestic violence accusation can lead to legal problems, but it depends on the case. Police and prosecutors don\u2019t always press charges for recanting, especially if they believe the accuser thought the danger was true.<\/p>\n

Although the victim may believe they are aiding the case\u2019s 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Why Do Some Victims of Domestic Violence Recant Their Statements?<\/h3>\n

Reasons vary but may include:<\/p>\n