Can Domestic Violence Charges Be Dropped in California?

In California, domestic violence is sadly one of the most common crimes in the state. It is legally defined as causing bodily injury to a spouse, cohabitant, or previous partner, according to the California Penal Code Section 273.5.

Most charges in these cases are misdemeanor offenses, and anyone convicted will receive a minimum sentence of three years probation and a possible restraining order. However, the case will escalate to a felony offense if a minor is involved and the violent act results in severe bodily injury or sexual assault. These crimes carry a minimum of four years in prison plus fines.

The defendant can hope to get these charges dropped to avoid punishment and the collateral consequences of domestic violence. In some cases, the victim may also regret taking legal action against their partner or spouse and choose to stop pressing charges. According to California domestic abuse law, once the events come to the state’s attention, the prosecutor is the only person eligible to drop the charges. 

A well-drafted domestic partnership agreement can be beneficial in minimizing such conflicts that could escalate into legal actions. This agreement helps to delineate rights and responsibilities, protect individual interests, and establish an understanding between partners when domestic disputes often arise.

Here, we will examine why someone may drop a domestic violence charge in California and how to do it.

The only person capable of dropping domestic violence charges in California is the state prosecutor working on the case. Prosecutors investigate criminal cases and allegations brought to their attention and represent the victim in court.

State prosecutors seek a course of action that provides justice for the victim and has the best outcome for the state. As such, prosecutors will only drop the charges of a domestic violence offense if there is a lack of evidence or enough doubt cast on the victim’s allegations. Here are the five main reasons why this could happen.

The inadequacy of evidence is the most frequent ground for dismissing a domestic violence case. A prosecutor has the onus of presenting evidence that supports the victim’s claims and proves the defendant’s guilt beyond a reasonable doubt. Failing to do so, the prosecutor may decide not to pursue the charges.

When reporting a domestic violence offense, victims generally make two statements. One will be an oral statement to the police officers who arrest the accused individual. The second is a written statement filed in the police report. When revising the evidence, the prosecutor will review both of these statements.

Any contradiction between the two could cause the prosecutors to doubt the truthfulness of the victim’s allegations, and they may drop the case. Similarly, when the statements given contradict the victim’s physical injuries, the prosecution can stop pursuing the charges.

For the defendant to be convicted of a domestic violence offense in California, there is no requirement for visible signs of physical injury on the victim; the abuse may have occurred without any visible proof of physical harm. These cases are harder to prove, and the prosecution must find alternate evidence proving harm caused to the victim.

However, where no visible injuries exist, the prosecutor may drop the charges when other evidence cannot be found.

The majority of domestic violence occurs when the couple involved is home alone. As such, there are rarely any independent witnesses that can side with the victim in court. Where visible injuries are apparent, or the crime scene makes it obvious a violent act occurred, this may not matter.

When the truth hangs on the words of just two, the scales of justice can tip either way. A case can be tough to prove without independent witnesses – and charges may be dropped.

As it is solely the prosecutor’s decision whether to drop charges, anyone wishing to have the charges dismissed must convince the prosecutor that doing so would be the best course of action for all parties involved.

If the defendant is facing domestic violence charges and wants to have them dropped, they can do it in one of these ways:

On the other hand, the victim sometimes wishes to retract their allegations against the defendant and no longer press charges. But can victims drop domestic violence charges in California? Although it is difficult, it is possible to do so if the victim signs an affidavit of non-prosecution. This is a legal statement by the alleged victim that states that they:

The case is not automatically dropped after submitting an affidavit of non-prosecution in California. However, the prosecutor will consider this when deciding on the best action for all parties. It may make it difficult for the prosecutor to win the case if the victim decides not to testify, and the prosecutors may decide to drop all charges against the defendant.

Dropping domestic violence charges in California is notoriously difficult. Once law enforcement knows the events and has arrested the accused, neither the victim nor the defendant has a say on whether to drop the charges. This is solely left to the judgment of the prosecution.

However, both parties can persuade the state to drop all charges. The victim can do this by submitting an affidavit of non-prosecution. On the other hand, the defendant’s best chances of having the case dismissed rely on gaining the prosecutor’s support and casting doubt on the evidence.