One of the most common misconceptions about domestic violence cases in California is that the victim gets to decide whether charges are filed. In reality, that decision belongs entirely to the prosecutor. Once law enforcement is involved and an arrest is made, the case is in the hands of the state, not the alleged victim.
This can come as a surprise to both sides of a domestic violence case. If you’ve been accused and the other person doesn’t want to move forward, you might assume the whole thing will just go away. Unfortunately, it’s not that simple. Here’s how the process actually works under California law.
The Victim Doesn’t Press Charges; The Prosecutor Does
In California, criminal charges are filed by the district attorney’s office, not by the person who reported the incident. While the victim’s wishes can influence the prosecutor’s decision, they don’t control it. A prosecutor can choose to move forward with charges even if the alleged victim asks them not to.
This is especially common in domestic violence cases. California law treats these offenses seriously, and prosecutors are often reluctant to drop charges simply because the victim has had a change of heart. They likely won’t outright assume that a false accusation has been made.
There are valid concerns behind this approach. Victims of domestic violence sometimes recant and refuse to cooperate because of an emotional attachment to the relationship or other factors, such as fear. Prosecutors are trained to recognize these dynamics and may proceed with their case regardless.
Can the Case Move Forward Without the Victim’s Cooperation?
While having a cooperative victim makes the prosecutor’s job easier, it’s not always necessary to secure a conviction. California prosecutors can build a case using other forms of evidence, including:
- 911 call recordings
- Body camera footage from responding officers
- Photographs of injuries taken at the scene
- Statements the victim made to police at the time of the incident
- Medical records documenting the injuries
- Any applicable mental health evaluations
- Testimony from neighbors and other witnesses
If the victim later takes back their original statement, the prosecutor can still use that initial statement as evidence under certain exceptions to the hearsay rule. In some cases, the victim may even be subpoenaed to testify, and refusing to comply with a subpoena can result in being held in contempt of court.
What Happens if the Victim Asks the Prosecutor To Drop the Case?
The victim can submit what’s sometimes called a “non-prosecution request” or “affidavit of non-prosecution” to the district attorney, asking them to dismiss the charges. The prosecutor will consider this type of document, but they’re under no obligation to honor it.
Factors they’ll weigh include:
- The severity of the alleged offense
- Whether weapons were involved
- The defendant’s criminal history
- Whether there’s enough independent evidence to proceed without the victim
- Whether there are signs that the victim is being intimidated in some way
If the prosecutor believes the evidence supports the charges and that public safety is at stake, they’ll likely continue with the case regardless of what the victim wants.
Contact the Law Office of Nabiel C. Ahmed To Speak With an Oakland Criminal Defense Attorney
Domestic violence charges carry serious consequences in California, including potential jail time, a restraining order, and a permanent mark on your record. It’s important to keep in mind during this process that the state can still pursue a case against you even if the alleged victim is no longer cooperating.
The best thing you can do in these circumstances is reach out to an experienced Oakland criminal defense lawyer. Contact Law Office of Nabiel C. Ahmed today to learn how we can help.
For more information, please contact an experienced Criminal Defense attorney at the Law Office of Nabiel C. Ahmed for a confidential consultation. We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
