Can a Victim Drop The Charges in a Domestic Violence Case?

It’s a common misconception that victims of domestic violence can simply drop the charges against their alleged abusers. However, the reality is that once the police are involved and charges are filed, the decision to pursue or dismiss the case lies with the prosecutor, not the victim.

But that doesn’t mean all hope is lost in your case—you still have the right to a defense, and there are still options to get the charges dismissed. Our domestic violence and assault lawyers have successfully defended many of these cases in Colorado.

If you or a loved one is facing domestic violence charges, don’t hesitate to reach out to our experienced legal team. Read on or contact us today to learn about your rights and options.

Colorado’s “No Drop” Policy in Domestic Violence Cases

If you’ve been charged with domestic violence in Colorado, you might be surprised to learn that the state has a strict “no drop” policy when it comes to these cases. This means that even if the alleged victim changes their mind and asks the prosecutors to drop the charges, they won’t do it.

It doesn’t matter if you and your accuser have reconciled, or if they’ve had a change of heart—once the charges are filed, the prosecution will move forward with the case regardless of the victim’s wishes. This policy is in place to protect victims from being coerced or pressured into recanting their statements, and to ensure that abusers face the consequences of their actions.

For you, this means that the only way the charges can be dropped is if the prosecutor determines that there isn’t enough credible, admissible evidence to prove that you committed the crime or if your defense attorney presents facts and arguments that significantly weaken the prosecution’s case.

How Your Defense Attorney Can Fight to Get Domestic Violence Charges Dismissed

If you’re facing domestic violence charges in Colorado, you might feel like the odds are stacked against you—especially given the state’s “no drop” policy.

However, an experienced defense attorney can make all the difference in your case. They can work to persuade prosecutors to reduce or drop the charges against you, giving you the best possible chance at a favorable outcome.

Here are three specific reasons why Colorado Springs prosecutors may decide to drop a domestic violence case:

Insufficient Evidence

While an allegation alone may be enough to support an arrest, prosecutors need more than that to secure a conviction. They must be able to prove guilt beyond a reasonable doubt. If there is no physical evidence, credible witnesses, recordings, or other documentation of threats or violence or evidence of prior incidents, prosecutors may not have enough to move forward with the case.

Evidence Favorable to Your Defense

If you have evidence that supports your side of the story, such as photos of defensive injuries or contemporaneous records of what happened, your attorney can use this to persuade prosecutors to drop the charges. In some cases, the person accused of domestic violence is actually the victim, and documenting this can be crucial to your defense.

The Alleged Victim Is Uncooperative

While alleged victims can’t directly drop charges, they also aren’t obligated to help prosecutors. There are generally only two witnesses in a domestic violence case—the alleged victim and the alleged abuser. If the alleged victim changes their story, recant their allegation, or can’t credibly remember or describe what happened, it can significantly weaken the prosecution’s case and lead to the charges being dismissed.

Of course, every case is unique, and the specific strategies your attorney will use will depend on the circumstances of your situation. However, by thoroughly investigating the case, challenging weak evidence, and presenting a strong defense, a skilled domestic violence defense attorney can give you the best possible chance of having your charges reduced or dropped.

Don’t Face Domestic Violence Charges Alone—We’re Here to Help

At Right Law Group, we understand how much is at stake when you’re accused of domestic violence. A conviction can lead to jail time, fines, a criminal record, and even the loss of your rights. That’s why we’re committed to providing aggressive representation to each and every one of our clients.

When you work with us, you’ll have a dedicated advocate on your side—someone investigate the allegations against you, and build a strong defense strategy tailored to your unique circumstances.

Protect your rights. Contact Right Law Group today for a free consultation.