The Most Common Question in Domestic Violence Cases
The most common question that I hear in domestic violence cases is:
“If the alleged victim doesn’t want to press charges, doesn’t the case need to be dropped?”
The answer: not necessarily.
In California, once the police are called and a domestic violence arrest is made, the decision to file or dismiss charges belongs to the prosecutor — not the victim. While their input is certainly considered, even if the alleged victim wants the case dropped, the District Attorney can — and often will — continue with prosecution.
Below are a few reasons why:
Domestic Violence Is Considered a Crime Against the State
Under California law, crimes like domestic battery (Penal Code §243(e)(1)) or corporal injury to a spouse or cohabitant (Penal Code §273.5) are considered offenses against the People of the State of California, not just the individual victim.
Once a police report is submitted to the District Attorney’s Office, the alleged victim becomes a witness — not the party controlling the case. The prosecutor generally represents the “People,” and it’s their job to decide whether to proceed.
Prosecutors Can Rely on Other Evidence
Even if the alleged victim “wants the case dropped”, prosecutors may still move forward if they believe they can prove the case through other evidence, such as:
911 recordings
Body-worn camera footage from responding officers
Photographs of injuries or property damage
Medical records documenting harm
Statements made by the accused or witnesses at the scene
California’s evidence rules also allow some hearsay exceptions in domestic violence cases, meaning certain statements made at the time of the incident can sometimes be introduced in court even if the victim doesn’t testify.
Victims Can’t “Drop” Charges Once Filed
It’s a common misconception that victims can “press” or “drop” charges. In reality, usually only the District Attorney’s Office can dismiss a criminal case. While a victim’s input is considered, the prosecutor ultimately decides whether to go forward, reduce charges, or offer a plea deal.
Why Prosecutors Sometimes Proceed Without the Victim
Domestic violence is taken seriously in California, and prosecutors are often correctly view these cases as complex. They know that victims sometimes recant or withdraw their statements due to fear, financial pressure, or reconciliation.
As a result, many DA’s offices will pursue charges if they believe there’s enough independent evidence, even without the victim’s cooperation.
Final Thoughts
Domestic violence cases in California are serious, even when the alleged victim doesn’t want prosecution. The decision lies with the District Attorney, not the individual involved. However, an experienced defense lawyer can help protect your rights, navigate the legal system, and work toward the best possible outcome. If you or someone you love is being charged with domestic violence, contact experienced defense attorney Davis W. Hewitt to schedule a free 30-minute consultation at his office in Chico.
