Police officers responding to domestic violence calls have to make rapid assessments of the situation. Frequently, they conclude that one party is an offender, while the other is the likely victim.
The party accused of starting or escalating the conflict may end up arrested and could potentially face criminal charges. The other person involved in the incident may not actually want the state to bring criminal charges.
Can the alleged victim of a domestic violence incident tell state prosecutors not to bring charges in a domestic violence case?
Prosecutors often work without victim input
The complicated emotional connections between family members and romantic partners can make it difficult for people to leave domestic violence situations. The phenomenon of victims recanting their prior statements is well known.
California state prosecutors generally do not pursue domestic violence charges unless they have enough evidence to support the charges without testimony from the party named as the victim. Even if the so-called victim asks the state not to pursue charges, the prosecution may move ahead with the criminal case anyway.
In some cases, the party named as the victim can testify for the defense about the unusual dynamics of the relationship. Other people, including neighbors and extended family members, could also help shed light on the relationship dynamics or what really transpired during a particular incident.
Simply securing the cooperation of the other party is typically not enough to prevent a domestic violence or other charge from going to trial. Reviewing the state’s case and any prior convictions with a criminal defense attorney can be a critical step for those accused of domestic violence.