The Victim Wants the Domestic Assault Charge Dismissed. Why Isn’t it Just Being Dismissed?

The Victim Wants the Domestic Assault Charge Dismissed. Why Isn’t it Just Being Dismissed?

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Domestic violence cases are unique in the criminal justice system due to their emotional complexity, the cycle of abuse, and the legal principles that can prioritize public safety over personal choice. One of the most common misconceptions about domestic abuse/domestic violence cases is that if a victim asks for the charges to be dropped, the case will automatically be dismissed. Unfortunately, this is not always the case. The legal system has mechanisms in place that allow prosecutors to continue pursuing domestic violence/domestic abuse charges even if the victim wants them dismissed.

Why the legal system still pursues charges:


Domestic abuse is viewed in the court system as both a personal issue and a societal issue. On an individual level, domestic abuse/domestic violence affects the victim and the perpetrator, as well as their families. It involves personal relationships, emotions, trauma, and decisions that deeply shape the lives of those involved. Acknowledging the personal side of domestic abuse, is also a significant public safety and societal concern because it affects entire communities and has widespread consequences. Those impacts include:

 

  1. Public Health:  Domestic violence leads to increased hospital visits, mental health crises, and long-term trauma, which place a burden on healthcare systems.

  2. Economic Costs:  The effects of domestic violence—including lost productivity, medical expenses, legal costs, and shelter services—cost billions of dollars annually.

  3. Law Enforcement and Legal System Involvement:  Police departments, courts, and social services are heavily involved in handling domestic violence cases.

  4. Generational Effects:  Children who grow up witnessing domestic abuse are more likely to experience or perpetrate abuse in their own relationships, creating a cycle of violence.

  5. Workplace and Community Impact:  Domestic violence affects victims’ ability to work, impacting businesses and economic stability. It also disrupts neighborhoods and social networks.

  6. Crime and Public Safety:  Unchecked domestic abuse can escalate into more severe violence, including homicide, affecting overall crime rates.


A Prosecutors Role in Domestic Violence Cases


One of the primary reasons a victim’s request to drop charges may not be granted is that domestic abuse cases are prosecuted by the state, not the victim. Once an arrest is made and charges are filed, the prosecutor—not the victim—controls the case. The prosecutor has the discretion to move forward with the case regardless of the victim’s wishes.

 

The prosecutor represents the government’s interest and has a duty to enforce the law and protect public safety. The decision to pursue or dismiss charges is based on evidence and legal standards, not merely on the victim’s preference. Prosecutors often look at things like: 1) the severity of the alleged abuse 2) the likelihood of future harm 3) the strength of the available evidence in their case 4) the defendant’s criminal history

 

If the prosecutor believes there is enough evidence to secure a conviction or that dismissing the case would put the victim (or others) in danger, they can decide to continue prosecuting the case even without the victim’s cooperation. Domestic violence/domestic abuse cases often follow a predictable pattern known as the “cycle of abuse.” This cycle can make victims more likely to recant their statements or request that charges be dropped. Prosecutors are aware of these patterns for a cycle of abuse, and may choose to therefore disregard when a victim is requesting that a case be dismissed.


It is common for prosecutors to see a couple with numerous instances of this cycle occurring. Prosecutors often may not trust a recantation by a victim. Victims of domestic abuse/domestic violence may ask for charges to be dropped for several reasons:

  1. Fear of Retaliation: Victims may be afraid that pursuing charges will provoke further violence from the abuser.

  2. Emotional Attachment and Hope for Change: Many victims still love their abuser and believe that they will change.

  3. Financial and Economic Dependence: The abuser may be the primary source of financial support, and victims fear losing their home, income, or childcare.

  4. Pressure from Family or Community: Cultural, religious, or familial expectations may pressure victims to reconcile rather than pursue legal action.

  5. Manipulation and Guilt: Abusers often manipulate victims into believing they are responsible for the abuse, making them feel guilty about seeking legal consequences.

Because of these factors, prosecutors (and the Judge) recognize that a victim’s request to dismiss charges does not necessarily mean the abuse did not happen or that the victim is safe. To address the issue of victim recantation, prosecutors gather and use independent evidence to build their case, reducing reliance on the victim’s testimony. Even if a victim refuses to testify or asks for charges to be dropped, prosecutors can still use:

  1. Information From Police Reports:  Officers responding to a domestic violence call document visible injuries, damaged property, and witness statements.

  2. Body Camera Footage:  Some police officers wear body cameras that capture footage of the victim’s injuries, emotional state, or statements made at the scene.

  3. 911 Call Recordings: Emergency calls often capture real-time evidence of distress and threats, which can be used in court.

  4. Medical Records: Doctors and nurses document physical injuries consistent with domestic abuse.

  5. Photographs: Images of bruises, lacerations, or other injuries taken by law enforcement or medical personnel.

  6. Witness Testimony: Neighbors, family members, or bystanders may have seen or heard the abuse occur.

  7. Defendant’s Prior History: If the defendant has previous domestic violence incidents, this information may be admissible in court.

Final Thoughts

With these types of evidence, a case can proceed even if the victim refuses to testify. Prosecutors also operate under the belief that domestic abuse/domestic violence is also a broader societal interest in prosecuting domestic abuse/domestic violence cases. If allowed to continue, domestic violence can1) lead to severe injury or death 2) affect children and families, leading to generational cycles of abuse 3) increase societal costs, including law enforcement resources, prosecutorial resources, and medical care. Given these broader implications, the legal system can often prioritize stopping abuse over honoring a victim’s request to drop charges.