In any relationship, tempers may flare, and people may do things in the heat of the moment that they later regret. Those regrets may lead someone to recant their statement in a domestic violence case. If your partner or ex wants the charges against you dropped, does that mean that the charge will be dropped?

In California, only the prosecutor can drop charges against you.

While one might believe that an alleged victim’s wishes are central to a domestic violence charge, that does not mean that your accuser has the power to drop the charges against you. Instead, that power lies in the hands of the prosecutor in your case.

As the San Diego County District Attorney notes, the prosecutor may choose to honor the alleged victim’s wishes. However, that does not necessarily mean they will drop the charges even after an accuser recants their statement or asks the prosecutor to drop the charges.

What can you do if the prosecutor does not drop a domestic violence charge?

The prosecutor in your case may choose to pursue a domestic violence charge even if your accuser wants it dropped, but you can still take steps to protect your freedom. One of the most important steps you can take is to speak to an experienced attorney. Your attorney will examine the details of your case — including your accuser’s wish for the charge to be dropped — and use those details as the foundation of a strong defense. With the right legal strategy, you can protect yourself from the impact of domestic violence charges and may even be able to have your case dismissed.