The Law Offices of Ty Martinez | Serving All of the Inland Empire | Main Office: Riverside, CA
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  • Can Charges Be Dropped? Get the facts about domestic violence charges and how to protect yourself.
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Can Domestic Violence Charges Be Dropped?

Being charged with the crime of domestic violence can be a very difficult situation. You may be experiencing fear and anxiety as well as embarrassment if you are facing these charges. It is important for you to understand that once you have been arrested, it is up to the district attorney whether or not to drop the charges against you. This means that even if the alleged victim wants to drop the charges, it is out of his or her hands and you could still be convicted of this crime. It is a very rare occurrence for a prosecutor to drop the charges, and if the alleged victim makes several statements, the prosecutor can use this to attack the defense of your case.

Prosecutors believe that alleged victims will try and retract statements in order to have charges dropped. In addition, any attempt on your part to have the alleged victim retract statements can make matters much worse for you in court. It is important that you have skilled legal assistance on your side in order to combat the accusations made by the prosecution. Your future is important and should be aggressively defended by a legal representative who has experience and success in this area of law.

Experienced Representation

Domestic violence cases are serious matters with consequences that often can greatly change the lives of those involved. Individuals can lose the privilege to keep in touch with their loved ones or end up in jail. If you have been charged with this crime, then it is urgent that you seek legal assistance to begin building a defense of your case. With many variables depending on your specific circumstances, our firm can help advise you as to how to effectively navigate your way through this case and fight for the best possible outcome. We have the experience you need and we stand by our clients to the end.

Frequently Asked Questions

Can domestic violence charges be dropped?

In California, only the district attorney's office has the authority to drop domestic violence charges once they've been filed, not the alleged victim, and not the police. These cases are prosecuted as crimes against the state, so even if the person who made the report no longer wants to pursue it, the DA can still move forward. Charges are sometimes reduced or dismissed, but that usually comes from a strong legal defense, insufficient evidence, or procedural issues, not simply a request to drop the case.

How do I drop domestic violence charges?

Because the state controls the prosecution, there's no formal process for a private citizen to withdraw charges once they've been filed. An alleged victim who doesn't wish to proceed can contact the district attorney's office to say so, but prosecutors aren't obligated to act on that request and often view a sudden change of heart with skepticism. The most effective way to influence the outcome of a case is through an experienced defense attorney who can evaluate the evidence and advocate for a reduction or dismissal.

Can the case be dismissed if the alleged victim refuses to testify?

Not automatically. Prosecutors can still move forward using police reports, 911 calls, photos, medical records, or other witnesses, even without the alleged victim's cooperation.

What happens if the alleged victim recants their statement?

A recantation doesn't guarantee dismissal. Prosecutors may question why the statement changed and, in some cases, use the recantation itself as evidence, so this situation should be handled carefully with legal guidance rather than informally.

Should I get a letter from the alleged victim asking to drop the charges?

This can backfire. Contact between a defendant and alleged victim is often restricted by a protective order, and attempts to influence a witness's statement can raise separate legal concerns. An attorney can advise on the safest, most effective way to handle this.

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  • Dismissed Downey - Domestic Violence Case Dismissed