If the victim dropped charges, why am I still facing a domestic violence case?

Unfortunately, the decision to drop domestic violence charges doesn’t rest with the victim in most counties. In California, it is generally up to the prosecuting attorney to decide whether to pursue the case or not.

Because of this, you need to take your case seriously. Even if the victim refuses to testify or walks back their statement, the prosecutor can still move forward with the case if they feel like they have enough evidence. By working with a skilled domestic violence attorney near you, you can determine the best defense and start gathering the evidence you need to prove your case.

What if the Alleged Victim Doesn’t Want to Press Charges?

When it comes to getting domestic violence charges dropped, the alleged victim’s desire to press charges doesn’t generally factor into the case. The prosecutor is in charge of whether charges proceed or not.

In California, there are also many counties that have no-drop policies. Orange County is one of them. With a no-drop policy for domestic violence, the district attorney still pursues charges, even if the victim doesn’t want to. The prosecutor may consider the victim’s wishes, but their obligation is to the state. Because of this, they may still pursue charges.

While the victim can’t just decide to drop domestic violence charges, their lack of involvement can impact the case. For instance, some victims decide that they don’t want to testify. If a great deal of the evidence was the victim’s testimony, the prosecutor may decide that pressing charges isn’t worth it.

However, even if the victim doesn’t want to testify, the prosecution can call them to the state as a hostile witness. If the victim still refuses, they can be arrested for contempt of court. Then, they can be held in jail until they agree to testify. They can also be jailed if they try to lie when they are put on the stand.

One way or another, the victim will likely end up testifying. However, the victim’s hostility may be in your favor. When your attorney argues against the charges, the jury is going to see the victim’s hostility and be more inclined to find you innocent. To increase the odds of your case’s success, try finding the best domestic abuse lawyers near me and getting a professional consultation.

What Happens if the Alleged Victim Doesn’t Show Up to Court?

If the alleged victim decides not to show up in court, the case can still proceed. Typically, the prosecutor will start by subpoenaing the victim and forcing them to testify. The victim can be arrested or fined if they don’t comply, so most people end up testifying.

Even if the victim decides not to testify, the case may still proceed. Often, the prosecutor will have other types of evidence, such as recorded 911 calls, text messages, witness statements, and medical records. If there is strong enough evidence available, the prosecutor will likely choose to proceed with the case.

When it comes to learning how to get charges dropped before a court date, your best option is to talk to your attorney. You are not allowed to ask the victim to not testify or to drop charges. The victim is often protected by domestic violence restraining orders, so communicating in any fashion can end up getting you in trouble.

Learn More About How to Defend Against Domestic Violence Cases in Orange County

The victim doesn’t have the power to drop domestic violence charges in California. Instead, this decision rests entirely with the prosecutor. Although the prosecutor will take the victim’s wishes into consideration, they will still pursue the case if they feel like there is enough evidence. Additionally, the state has many mechanisms available, such as subpoenas, that can get the victim to testify.

To learn more about building your domestic violence defense, reach out to one of our Orange County criminal defense attorneys today.