No. Once an arrest has been made, the decision about prosecution is no longer in the hands of the complaining witness. Prosecutors will not drop or reduce domestic violence charges even if the alleged victim requests them to do so or refuses to testify in court.
Unfortunately, some criminal defense attorneys even repeat this common myth and will tell clients to just have their spouses come to court and “explain what happened.” This is legal nonsense. Once charges have been filed, only the DA’s office (Or in some cases the Judge) can dismiss your case. This is why it is important to hire an experienced domestic violence attorney to make sure the and Judge hear your side of the case.Back to Domestic Violence Practice Area