Can a Victim Drop a Domestic Violence Charge?
Updated: Mar 13
Even if the victim no longer wants to pursue a domestic violence charge against someone, this does not mean that the charge will be dropped. The prosecution can still go after you even if the victim of the domestic violence charges wishes to drop them.
Prosecutors see it as their decision whether or not to drop domestic violence charges. This means they can try to compel the victim to go forward even if the victim wants to dismiss the charges.
However, if the victim and defendant are married, the victim can exercise their spousal privilege to refuse to testify in a domestic violence trial, meaning the charges would be dismissed.
If the victim decides not to show up to court, the prosecution can issue an arrest warrant for the victim. If the victim testifies that the domestic violence incident did not happen, they could be charged with filing a false police report.
If you're charged with domestic violence, it's important to hire an experienced lawyer who understands the consequences of a domestic violence conviction and how to best represent you. Call me today, and we'll get started on your defense.
My office is located in Boston, Massachusetts, but I practice criminal law in all Massachusetts courts. Call me today at 617-356-8217 if you need a criminal defense attorney in Massachusetts, including domestic violence cases.