Can Domestic Violence Charges Be Dropped?

Can domestic violence charges be dropped?

Yes, they can – but only by the state. An alleged victim cannot drop domestic violence charges. Only the prosecutor in the case has that ability.

Here’s what you need to know.

Can Domestic Violence Charges Be Dropped?

An accuser – someone who’s an alleged victim in a domestic violence case – can’t decide whether to “press charges.” That’s a really common myth, though. Once the police have been called and someone has been accused of domestic violence, the matter is out of the alleged victim’s hands.

That means the alleged victim has absolutely no say in whether the alleged abuser picks up domestic violence charges or ends up being prosecuted for the crime. Even if the alleged victim has made a false accusation – that is, lied to the police about domestic battery or aggravated domestic battery – he or she has no choice once the police get involved. If the prosecutor believes that a crime has occurred, he or she will go ahead and try to pursue a conviction.

Related: Domestic violence allegations during divorce

What if You Can’t Drop Domestic Violence Charges But You Lied About the Situation?

First things first: You can help the person you accused by putting him or her in touch with an attorney. An attorney may be able to clear that person’s name.

You may be called upon to testify if the person you accused goes to trial. If that happens, you’ll have the opportunity to say that you made a false accusation. However, even then, there is no guarantee that the person you accused of domestic violence will have his or her charges dropped – or that he or she will be found not guilty.

Related: How do you fight a domestic violence charge?

When Can Domestic Violence Charges Be Dropped?

Domestic violence charges can only be dropped when a prosecutor believes that no crime occurred or when there isn’t enough evidence to go to trial. Again, if you have accused someone of domestic violence, you can’t walk back your accusation and “drop” the charges – the situation is completely out of your control.

Do You Need to Talk to an Attorney About Domestic Violence Charges?

If you need to talk to an attorney about domestic violence charges and what to do about them, we’re here for you. Call us at 847-920-4540 for a free case review – or you can fill out the form below and we’ll be in touch as soon as possible.