Can Domestic Violence Charges Be Dropped in California?
Many people facing domestic violence charges in California believe that if the alleged victim no longer wants to proceed, the case will be dropped. In reality, domestic violence cases are controlled by the prosecution, not the alleged victim.
This article explains whether domestic violence charges can be dropped in California, who has the authority to dismiss a case, and what factors influence whether charges move forward or are reduced.
Who Decides Whether Domestic Violence Charges Are Filed or Dropped?
In California, only the District Attorney has the authority to file or dismiss domestic violence charges. Once law enforcement submits a case, the prosecutor—not the alleged victim—decides how to proceed.
This means a case may continue even if:
- The alleged victim asks to drop the charges
- The alleged victim recants their statement
- The parties reconcile
Domestic violence is prosecuted as a crime against the state, not a private dispute.
Can a Domestic Violence Case Continue Without the Victim’s Cooperation?
Yes. A domestic violence case can proceed even if the alleged victim refuses to testify or changes their story.
Prosecutors may rely on other evidence, including:
- Police reports
- Body-worn camera footage
- 911 recordings
- Photographs of injuries or the scene
- Medical records
- Prior statements
In some cases, prosecutors proceed under a “victimless prosecution” theory when sufficient evidence exists.
Does Recanting Automatically Get the Case Dismissed?
No. A recantation does not automatically result in dismissal.
Prosecutors often treat recantations cautiously because they may believe the alleged victim is under pressure or fear. As a result, a recanting statement may be used by the defense, but it does not require the prosecutor to drop the case.
What Factors Increase the Likelihood That Charges Will Be Dropped or Reduced?
Each case is different, but charges may be dismissed or reduced based on factors such as:
- Weak or inconsistent evidence
- Lack of corroboration
- Credibility issues in statements
- Constitutional or procedural violations
- Successful pretrial motions
- Compliance with court orders
An experienced criminal defense attorney evaluates these factors early to determine whether dismissal or reduction is achievable.
Can a Domestic Violence Case Be Dropped Before Arraignment?
Yes. In some situations, the District Attorney may decide not to file charges after reviewing the police report and evidence, especially when defense counsel raises legal or evidentiary concerns early in the process. This is known as a “no-file decision.
However, once charges are formally filed, dismissal usually requires legal motions, negotiations, or evidentiary challenges.
Can Charges Be Dropped If a Criminal Protective Order Is Lifted?
No. Criminal protective orders and criminal charges are separate legal matters.
Even if a protective order is modified or terminated, the criminal case can still move forward. Violating an active protective order remains a criminal offense regardless of the status of the underlying case.
Why Early Legal Representation Matters
The earliest stages of a domestic violence case often determine how it will end. Statements made, evidence preserved, and legal motions filed early can significantly affect whether charges are dismissed, reduced, or proceed to trial.
Early legal guidance can help:
- Prevent additional charges
- Identify weaknesses in the prosecution’s case
- Address protective orders properly
- Preserve defense strategies from the start
Frequently Asked Questions
Can domestic violence charges be dropped by the alleged victim?
No. The alleged victim cannot drop domestic violence charges. Only the District Attorney has the authority to dismiss the case.
Will the case be dismissed if the victim refuses to testify?
Not necessarily. Prosecutors may proceed using other evidence such as police reports, recordings, or medical documentation.
Can domestic violence charges be dropped before going to court?
Yes. In certain situations, the District Attorney may choose not to file charges after reviewing the evidence and considering information presented by defense counsel. Once charges are filed, dismissal generally requires formal legal proceedings.
Does reconciliation guarantee the case will be dropped?
No. Reconciliation does not automatically affect whether the prosecution continues with the case.
Final Thoughts – Kirk Tarman
Whether domestic violence charges can be dropped in California depends on the evidence, the legal issues involved, and decisions made by the District Attorney. Although alleged victims do not control whether a case moves forward, early legal involvement can meaningfully influence how the case is evaluated and resolved.
If you or a loved one is facing domestic violence charges, understanding how prosecutors assess these cases—and taking action early—can be critical to protecting your rights and future.
*This content reflects current California domestic violence practices and procedures as of 2026.
Written by: Kirk Tarman, Criminal Defense Attorney
Reviewed by: The Law Offices of Kirk Tarman & Associates
Serving clients throughout: San Bernardino, Riverside, Los Angeles, and Orange County