When someone is accused of domestic violence, one of the most common scenarios involves the victim not wanting to press charges. This situation is so prevalent that some experts estimate up to 90% of domestic violence cases involve victims seeking to avoid prosecution against the accused. Yet, despite the victim's wishes, the legal process often proceeds. So, what happens next when a domestic violence victim does not want to press charges? Here's an overview of the legal implications and the steps involved.

The Role of the Government in Domestic Violence Cases

Who Presses Charges in a Domestic Violence Case?

One of the biggest misconceptions surrounding domestic violence cases is the belief that the victim must press charges for the case to move forward. In reality, the government—not the victim—is responsible for pursuing charges. When police respond to a domestic violence incident, many jurisdictions have pro-arrest policies. This means that if officers find evidence of a crime, they are likely to arrest someone, regardless of whether the victim wants them to.

For example, even if the victim pleads with the police not to arrest their partner, the officers may still take action. This policy exists to ensure accountability and to prevent potential future harm. Once an arrest is made, the case is in the hands of the prosecution.

Can the Victim Drop the Charges?

Another point of confusion is the belief that a domestic violence victim can simply "drop the charges." This is not true. The prosecution—representing the state or government—decides whether to proceed with the case. The victim's preferences are considered but are not the determining factor. In many cases, a local criminal defense attorney specializing in family violence can help navigate this complex process.

What Happens When the Victim Refuses to Cooperate?

Subpoenas and Legal Obligations

When a domestic violence victim is uncooperative, prosecutors often take formal steps to compel their participation. One common tactic is issuing a subpoena, which legally requires the victim to appear in court. If the victim ignores the subpoena, they may face arrest for failing to comply.

Using Initial Statements Against the Victim's Wishes

In cases where the victim does appear in court but refuses to testify against the defendant, the prosecution may rely on evidence collected during the initial investigation. For example, video recordings of the victim's statements to police officers at the scene can be presented to the jury. This strategy, known as impeachment, is used to highlight discrepancies between the victim's initial statement and their testimony in court.

Impeachment can be highly effective. If the jury finds the victim's courtroom testimony less credible than their initial, emotionally charged statement, it could significantly impact the case's outcome. In some situations, a victim's reluctance to cooperate may inadvertently strengthen the prosecution's case.The Impact on the Legal Process

Final Thoughts

When a domestic violence victim doesn't want to press charges, it's essential to understand that the decision is ultimately out of their hands. The government's role in pursuing these cases reflects a commitment to addressing domestic violence as a serious public safety issue. Whether you are the victim or the accused, working with a qualified attorney is vital to navigating the complexities of the legal system and protecting your rights. Contact Brett Willis Law today to get the support and guidance you need.