How to Drop Domestic Violence Charges in California
Sometimes an argument or confrontation between two people leads to an arrest for domestic violence. In some cases, the people who were involved in the situation change their minds about pursuing the case. The alleged victim, for instance, doesn't want to press charges, or they might want to know how to get domestic violence charges dismissed. They might also say that it was a misunderstanding.
In California, the victim cannot get a domestic violence case dismissed, however. Once law enforcement gets involved in domestic violence allegations, only the prosecutor can make the decision to drop the case or charges.
This doesn't mean that the alleged victim's wants and wishes are irrelevant, though. Their statements can affect the case, and ultimately can get domestic violence charges dropped, but the prosecutor must make that decision. If you want to know more about how to drop domestic violence charges in California, keep reading.
Who Decides Whether Domestic Violence Charges Are Filed?
It's a common misconception that the alleged victim "presses charges" in a domestic violence case. The reality is that the prosecutor determines if criminal charges should be filed.
After an arrest for a domestic violence offense, law enforcement may submit reports, photos, recordings, witness statements, and other evidence to the prosecutor. The prosecutor's office will review the facts of the case, and then decide if there is enough evidence to charge someone with a crime.
Once the charges have been filed, the alleged victim cannot just say "I want to dismiss domestic violence charges."
What if the Alleged Victim Doesn't Want to Cooperate?
Sometimes the alleged victim refuses to participate in the case. They might decline to speak to the prosecutors or they might tell them they don't want the defendant prosecuted.
However, even in these cases, domestic violence convictions still occur because they have other evidence they can use to prove guilt. These include:
911 recordings
Police body-camera footage
Photographs of alleged injuries
Medical records
Statements made at the scene
Text messages
Social media posts
Statements from neighbors or other witnesses
Physical evidence
The availability of independent evidence is one reason a domestic violence prosecution does not necessarily depend entirely on the alleged victim's continued cooperation. For more information, trusted criminal lawyers in Sacramento may be able to help.
What Happens if the Alleged Victim Changes Their Story?
Domestic violence cases sometimes involve an alleged victim who later gives an account that differs from what was initially reported to police.
There can be many reasons for conflicting statements. An initial report may have contained misunderstandings or inaccurate information. On the other hand, prosecutors may suspect that an alleged victim has changed their story because of pressure, fear, financial concerns, family relationships, or reconciliation with the defendant.
A changed statement does not automatically cause the case to be dismissed.
Instead, prosecutors may compare the different versions of events with other available evidence to determine whether they believe they can still prove the case.
Anyone involved should also be cautious about knowingly making false statements to law enforcement or attempting to manipulate evidence. These actions can create additional legal problems.
What About a Protective Order?
A domestic violence arrest can also result in a criminal protective order. This is separate from the question of whether the alleged victim wants charges dismissed.
A criminal court may impose restrictions prohibiting or limiting contact between the defendant and the alleged victim while the case is pending. These orders can remain enforceable even if the alleged victim wants contact with the defendant.
That means the protected person generally cannot simply give the defendant "permission" to violate the court's order.
If the defendant contacts the alleged victim in violation of a protective order, that contact could potentially result in additional criminal consequences. The defendant should follow the order unless and until the court changes it.
How Can Domestic Violence Charges Be Dismissed?
Although an alleged victim cannot personally drop the charges, a domestic violence case can still be dismissed.
A prosecutor may decide not to proceed if there are serious weaknesses in the evidence. A defense attorney may identify problems involving inconsistent statements, unreliable witnesses, insufficient evidence, constitutional violations, or other issues that make proving the allegations difficult. They can also answer questions like what happens if you miss jury duty?
Potential issues may include:
Conflicting accounts of what occurred
Lack of evidence supporting an allegation
Evidence suggesting self-defense
False or exaggerated accusations
Problems with witness credibility
Evidence contradicting the initial report
The defense strategy depends entirely on the facts of the individual case.
It's also important to understand that California's general misdemeanor diversion statute specifically excludes offenses involving domestic violence, so defendants should not assume that ordinary misdemeanor diversion will provide an automatic route to dismissal.
Why Contact Between the Parties Can Be Risky
After a domestic violence arrest, the defendant may understandably want to speak with the alleged victim to resolve misunderstandings or convince them to explain the situation to prosecutors.
That can be extremely risky.
If a protective order prohibits contact, communicating with the alleged victim may violate a court order. Even without a no-contact order, attempting to influence what a witness says to police, prosecutors, or the court can create serious legal issues.
Instead, communication about the criminal case should generally be handled through the appropriate legal channels. A defense attorney can investigate the allegations and communicate with prosecutors without creating unnecessary additional risks for the defendant. They can also share insight on what does no bail mean in california.
Building a Defense to Domestic Violence Charges
If you've been accused of domestic violence, the fact that the alleged victim wants the case dismissed can be important, but it does not guarantee that the prosecution will end.
A criminal defense attorney can independently review the evidence rather than relying solely on the police report. This may include examining photographs, messages, video footage, witness statements, and inconsistencies in the government's evidence.
The goal may be to persuade prosecutors that charges should be reduced or dismissed, challenge the evidence in court, or prepare a defense for trial depending on the circumstances.
If you're facing domestic violence charges in Sacramento or elsewhere in California, Goss Law can review the allegations, explain the restrictions that apply while your case is pending, and develop a defense based on the specific evidence against you. Taking the charge seriously from the beginning can help protect your rights and prevent mistakes that could make an already difficult situation worse.
Reach out today if you are looking for a domestic violence defense attorney. Free consultations are available.