Can a victim drop domestic violence charges?

Domestic violence criminal charges can stem from a variety of situations and getting the charges dropped is not as simple as the victim withdrawing a complaint. Let’s say, for example, your neighbor hears suspicious activity and calls the police to your home. The police arrive and make an arrest. In that situation could the victim of domestic violence simply drop the domestic violence charge and make the incident go away?

The answer is no.

No matter how they enter the situation, once the authorities have deemed a situation to be a case of domestic violence, the assumed victim cannot simply drop the charges when cooler heads have prevailed.

Who can drop domestic violence charges?

In California, the District Attorney’s office will make the final decision on whether to file charges in a case involving domestic violence. This means that if during an argument, one person called the police to report the situation and law enforcement got involved, the alleged victim no longer gets to decide whether to proceed with the case.

Instead, the District Attorney assigned to the case will use evidence to determine whether to press charges. Evidence could include:

• The 911 call
• Written police report
• Any injuries
• Witnesses
• Any prior acts of domestic violence involving the accused

Knowing this, if you are in a situation where you are accused of domestic violence, it is imperative to remain calm and contact an experienced criminal defense attorney that can guide you through the legal process.

Proven Domestic Violence Criminal Defense Strategy

As former Deputy District Attorneys for the Sacramento District Attorney’s Office, Mike Abrate and Dan Olsen have first-hand experience with how domestic violence criminal charges are handled by the court, prosecution, law enforcement, and other associated parties. Abrate & Olsen Law Group maximizes their years of experience to create criminal defense strategies that protect their clients’ rights and freedom.