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DA not taking case/ not pressing charges - what to do

In general, district attorneys/prosecutors have the ability to decide whether or not to move forward with a case, usually based on the strength of the evidence that is available and whether the prosecutor feels that s/he can prove the elements of the crime beyond a reasonable doubt to a judge/jury. If someone thinks the district attorney is wrongly refusing the case, they can ask to speak to the person in charge of the division or even the head district attorney for the county to see if they agree with the assigned district attorney’s decision. Another possibility may be to go to the US Attorney’s office or the attorney general of the state but I can’t say if either would be willing to get involved. You may want to get legal advice on whether either of these legal offices may be appropriate to go to in your state and based on your situation. Here is a link for lawyers. [HYPERLINK] If the case is related to domestic violence, you may want to contact your local domestic violence organization [HYPERLINK] to see if they can help convince the prosecutor to take a second look at the case.

If the criminal justice system ultimately will not deal with the crime, another possible option is to sue the person in civil court. A person might be able to sue for repayment of the damage the abuser caused her/him (like medical bills, property damage, pain and suffering) and, in some cases, to punish the abuser. Each state has its own laws on these subjects, but, for the most part, they are very similar when it comes to injuries from abuse. You can go to our Suing an Abuser for Money page for more information. [HYPERLINK]

Another option for someone who has been abused who is in fear of the abuser might be to file for a civil restraining order. We have information on civil domestic violence restraining orders in STATE on our website. [HYPERLINK] Civil restraining orders have a lower burden of proof when convincing a judge than in the criminal setting, meaning that it may be easier to prove abuse in civil court rather than in a criminal court).

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