Can Victims of Domestic Violence Drop the Charges?

One of the most common questions that top Connecticut criminal lawyers get every day from both victims of domestic violence and clients accused of domestic violence is: “Can the victim drop the charges?” The short answer is no, they cannot. But the situation is a lot more complicated, and I’m going to explain in more detail.

It may seem ironic, but usually the first person who contacts our Stamford criminal defense law firm is the victim of a domestic violence case who wants to drop the charges and is upset because the police and the State’s Attorney will not listen to them. (Notice I say “them” and not “her”—victims of domestic violence come in all genders, ages, sexual orientations, and races.)

I can imagine how frustrating it can be for both the victim and the accused when the victim does not want the prosecution to continue. Yet, the State of Connecticut insists on proceeding with criminal prosecution and orders of protection. Without a doubt, there are cases with a historical pattern of ongoing abuse where the State’s Attorney is right not to listen to a victim who wants to reunite with the abuser due to obvious public safety concerns. However, the vast majority of domestic violence cases that we defend involve relatively minor, isolated incidents in otherwise happy and stable relationships.

When the police are called to investigate an allegation of domestic violence, they are required to arrest someone if they find probable cause that any crime has occurred—even if the victim does not want to press charges and does not make a statement or speak to the police. For example, suppose a neighbor calls the police to complain about a loud argument between a husband and wife and the police respond. In that case, the husband may be arrested for breach of peace or disorderly conduct—even if the wife says she does not want to press charges—if the police determine there is evidence of loud and abusive behavior through witness accounts or admissions by the husband. This is one of the top reasons why we always advise anyone who is the subject of a domestic violence investigation to remain silent, refuse to answer questions, and insist on speaking with a Stamford domestic violence attorney.

It may seem unfair, overly burdensome, and intrusive. Still, the Legislature has taken away police discretion by requiring mandatory arrests in all cases and leaving it to the courts and the Office of Family Relations to sort everything out later.

Of course, a call to 911 is always recommended for anyone who is in physical danger or who has been physically injured. However, we have seen many situations where two people in a heated argument that is unlikely to turn physical resort to calling 911 to “get the upper hand.” This results in the State of Connecticut intruding into the relationship and family, causing lasting unintended consequences—such as the publication of embarrassing online arrest information and the inconvenience and expense of court appearances. In some cases, these arrests can have employment consequences depending on the accused’s line of work.

The public often misunderstands and believes that a victim has the right to press or drop charges in a domestic violence case. This is not accurate. On the contrary, even if the victim wants charges dropped, the State’s Attorney may decide after reviewing all the facts that it is in the State’s best interests to continue prosecuting. The victim’s input is very important, and under our Constitution, all victims of crime have the right to be heard throughout the proceedings. However, those rights do not extend to dropping the case.

The reality is that many domestic violence cases are brought in the heat of the moment, and when people calm down the following day, they regret the situation and want to undo the damage. This is especially true when residential stay-away orders are issued, forcing loved ones out of their homes and breaking up families. Understandably, many victims contact the State’s Attorney’s Office and the victim’s advocate to request that the case be dropped and the protective order removed or modified. Because so many victims make these requests, the State’s Attorney often becomes almost numb to them. At the end of the day, cases are processed based on the facts in the police reports and the input of the Office of Family Relations.

While the victim cannot drop charges in a domestic violence case, their input is crucial to the outcome. When a victim pushes for a guilty plea or a standing criminal protective order, it can be harder to obtain a favorable resolution. That said, if the facts are on your side and you have a skilled Stamford domestic violence attorney fighting for you, a favorable outcome is still possible. While the victim does not control the State’s Attorney’s decision, positive victim input can be very helpful.

Assuming no no-contact order is in place, conversations between parties often involve the criminal case. However, pressuring or coercing the victim into changing their position can get you into far worse trouble.

You must never attempt to contact a victim in a criminal case to pressure them into altering their position or testimony. In nearly every domestic violence case, there is at least a partial order of protection. Attempting to pressure the victim would violate that order—a serious felony. It can also expose you to a charge of witness tampering, a Class C felony punishable by up to 10 years in prison. I always recommend that defendants never discuss the pending case with the victim. Even if the victim initiates the conversation, it is simply too risky.

While victims do not need their own attorney, retaining one can help move a case along more quickly. If the victim does not have an attorney, their interests will be represented by the victim’s advocate, who provides a brief report to the court upon request. If the victim hires an attorney, that lawyer can more proactively advocate for their position. The victim should always retain their own lawyer, as it is an impermissible conflict of interest for the same lawyer to represent both the defendant and the victim in a criminal case.

A Domestic violence arrest triggers multiple consequences beyond the criminal case. Defendants may face Department of Children and Families (DCF) investigations if children were present, and protective orders can immediately affect custody and visitation rights. In addition, online publication of arrest records can cause reputational harm even if the case is later dismissed. Many employers also run background checks, meaning a pending case may have consequences for jobs in teaching, healthcare, finance, or any position requiring a professional license.

A: Correct. Only the State’s Attorney has the authority to continue or dismiss the case. The victim’s input is considered but not decisive.

A: The prosecution can proceed without the victim’s cooperation, relying on other evidence such as 911 calls, police body camera footage, witness statements, and photographs of injuries.

A: No. Victims have the right to share their wishes with the court and prosecutor. However, the decision ultimately rests with the State.

A: Yes, but only by the judge. The victim may request a modification, but the judge decides after hearing from the prosecutor, defense attorney, and Family Relations.

A: An experienced domestic violence defense lawyer can challenge the evidence, negotiate for reduced charges, advocate for the modification or lifting of protective orders, and work toward diversionary programs that may result in dismissal of charges.

While a victim cannot “drop” the charges in a domestic violence case, their input is an essential factor in determining the outcome. Having a cooperative victim who wants the case dismissed can go a long way toward achieving a favorable resolution.

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The strategy to resolve any particular case depends on the facts. With decades of experience in defending domestic violence cases, Attorney Allan F. Friedman will leave no stone unturned to protect your rights and obtain the best result possible. Our Stamford domestic violence law firm offers a free, no-obligation case evaluation so we can review your legal rights and defense strategy. To schedule your free consultation, contact Allan F. Friedman at the Law Offices of Allan F. Friedman 24/7 at (203) 357-5555.