What Happens When a Domestic Violence Victim Doesn’t Want To Press Charges?

Hossein Berenji, Jan 15, 2025

Many people believe that when a domestic violence victim chooses not to press charges, the case automatically goes away. However, this isn’t always the case. Understanding why a victim might not want to press charges and what the prosecutor does in response can help clarify what actually happens and what options are available for both victims and their families. 

Why Victims May Not Want to Press Charges

Choosing whether to press charges in a domestic violence case is a deeply personal decision influenced by various factors. Here are some common reasons why victims might hesitate or decide they don’t want to pursue legal action:

Fear of Retaliation or Further Violence

A major concern for many victims is the fear that pressing charges could lead to increased violence or retaliation from the abuser. This fear for their safety and the safety of their loved ones can prevent them from taking legal action, even when they know it’s probably the right thing to do.

Belief That the Incident Was a Misunderstanding or Isolated Event

Some victims perceive the abusive incident as a one-time misunderstanding or an isolated event rather than part of a pattern of behavior. This belief may lead them to think that legal intervention is unnecessary.

Emotional or Financial Dependence on the Accused

Victims often rely on their abuser for emotional support, financial stability, or housing. This dependence can create significant barriers to leaving the relationship or seeking legal help, as the victim fears losing the essential support that they rely on. Testifying against a spouse could lead to divorce and could have serious repercussions on the victim’s financial stability.

Pressure from Family or Cultural Considerations

Victims may face pressure from family members or cultural norms that discourage reporting domestic violence. Family expectations to maintain the relationship or cultural beliefs that prioritize family unity over individual safety can influence a victim’s decision not to press charges.

Fear of Being Disbelieved

Many victims worry that their accusations might be seen as false or exaggerated, leading others to doubt their credibility. This fear can prevent a victim from testifying, even if they are telling the truth. 

The reason a victim chooses not to press charges could impact the prosecutor’s decision regarding the case. 

Potential Outcomes When Victims Don’t Want to Move Forward With Charges

When a domestic violence victim decides not to press charges, it can influence the legal process in various ways. Here’s what might happen in these situations:

Dismissal of Charges

If a victim does not want to press charges, the prosecutor may decide to drop the case, especially if the victim’s cooperation is essential for moving forward. Without the victim’s testimony or support, the prosecution might not have enough evidence to secure a conviction, leading to the dismissal of charges. In some cases, the case isn’t seen as serious enough to try to push forward with charges. 

Subpoenaing the Victim

In some cases, the court can legally compel the victim to testify, even if they do not want to press charges. This means that the victim may be required to appear in court and provide their account of the incident. Subpoenaing them ensures that important testimony is heard, which can be crucial for the prosecution to build a strong case. 

 

Most prosecutors don’t want to subpoena a victim, as this forces them to testify and can put them through more trauma than they’ve already experienced. However, this could happen if the case is very serious and the injuries are severe. 

Alternative Evidence

In some cases, the prosecutor can continue the case using other evidence, even without the victim’s active participation. This may include physical evidence, surveillance footage, witness statements, or expert testimonies that support the charges. If the prosecution can establish a strong case without the victim’s testimony, the case may still proceed to trial. 

For example, if police officers and/or other witnesses saw the defendant physically harm the victim, this could be enough evidence to move forward without the victim’s testimony and cooperation.

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