Skip to Content
Stephen G. Rodriguez & Partners Stephen G. Rodriguez & Partners
Contact Our Firm 213-481-6811
Top

Can Domestic Violence Charges Be Dropped?

Close up of Black man wearing handcuffs on hands accused of domestic violence.
|

In California, victims of domestic violence cannot independently drop the charges once the accusations have been made. The decision to dismiss the charges lies solely with the prosecutor, not the alleged victim. After the police have been called and arrive at the scene, the case proceeds regardless of whether the victim or other parties wish to continue. This means that a domestic violence case can move forward even if the involved parties no longer want to participate. To advocate for dismissal of the charges on behalf of your client, who has been wrongfully accused of domestic violence, it is essential that an experienced criminal defense attorney take the following steps:

  • Obtain and Review the Police Report: The criminal defense lawyer should review the police report for weaknesses, collect exculpatory evidence, and highlight any credibility issues with the allegations.
  • Gather Exculpatory Evidence: Collect evidence that supports your client's innocence or mitigates the allegations, such as:
    • Witness Statements: Testimonies from individuals present during the incident who can provide favorable accounts. The lack of witnesses to the domestic violence charges weighs in favor of the accused.
    • Physical Evidence: Photographs, medical records, or other tangible items that contradict the claims.
    • Digital Evidence: Text messages, emails, or social media posts that may demonstrate context or intent.
  • Secure a Statement from the Victim: While the victim’s desire to drop charges doesn't guarantee dismissal, securing a formal statement from the alleged victim expressing unwillingness to cooperate can also influence the prosecution, though such statements are often viewed with skepticism.
  • Highlight Lack of Evidence or Credibility Issues: Emphasize any deficiencies in the prosecution's case, such as:
    • Absence of Physical Injuries: If the victim has no injuries consistent with the allegations.
    • Inconsistent Statements: Discrepancies in the victim’s account of the incident.
    • Prior False Allegations: If applicable, previous unfounded accusations that may affect the victim’s credibility.
  • Present Evidence of Self-Defense or Mutual Combat: If applicable, provide evidence that the accused acted in self-defense or that both parties were equally involved in the altercation.
  • Contact the Prosecutor: If the prosecutor is open for discussion of the charges, present your evidence to the prosecutor. Providing the prosecutor with a mitigation packet may influence the prosecutor’s decision to dismiss or in the alternative reduce the charges, especially if the evidence is weak or the victim is uncooperative.

Our Criminal Defense Attorneys Can Help

While getting domestic violence charges dismissed can be difficult, it is not impossible. Having a skilled and assertive criminal defense attorney who knows how to navigate the legal system is critical to effectively defending your rights. Contact online or call the attorneys at Stephen G. Rodriguez & Partners and learn how we can assist you at 213-481-6811.