Criminal Charges / Crimes

NOTE TO STUDENT: IF V WANTS TO DROP CRIMINAL RO V. A, SEE THIS SAMPLE LANG IN THE RO SECTION (IT ALSO ADDRESSES DROPPING CRIM CHARGES)

Generally, the police can file charges of domestic violence against someone if there is sufficient evidence of a crime, even if the victim does not want to file.

Although I cannot speak to your situation, or how things are handled in your state, generally if the abuser is charged with a crime, it may not be up to the victim whether or not the charges are dropped. It may be up to the district attorney whether or not to proceed with the case and then the judge or jury whether or not to convict him/her. And as long as the criminal charges are still being pressed against him/her, it may be the case that the criminal restraining order (or no contact order), if there is one, will continue. Sometimes, the police and the prosecutor go forward with a domestic violence case even if the victim didn’t ask them to or asks them not to. The reason why this happens is that the abuser has broken the law and the prosecutor has a duty to the state to prosecute those who break the law. The prosecutor technically represents the state’s interests, not the victim’s specific interests.

In general, if someone wants to ask that criminal charges are dropped, it may be possible to discuss the issue with the district attorney to request that the charges are dropped. However, the district attorney can go forward anyway (often known as “victim-less prosecution”) by using other evidence that exists – such as a police officer’s testimony, medical records from the hospital, witnesses’ statements, etc. Often times, the district attorney may also subpoena the victim to testify. Generally, if the judge or prosecutor issues a subpoena against the victim (a court order to testify), the victim may have to testify or face legal consequences for not showing up to court.

If you are thinking of trying to not press charges because the person has not been bothering you lately, you may want to consider that many people abuse their partners even after they’ve “promised not to” or after they swear that they have “changed.” You might want to talk to a local domestic violence advocate before trying to drop the charges to see what other options may work for you instead. You may also want to consider safety planning. Safety planning is thinking of what you can do to keep yourself as safe as possible. We have some tips to get you started at “Safety Tips,” but an advocate at your local domestic violence organization can help you design a personalized plan. You can find an advocate on our website.