What happens if the wife does not want to press domestic violence charges?

Question

What happens if the state charges a man with a domestic violence charge but the wife does not want to press any charges?  Say the wife does not show in court?  Does the state drop the charges?

Steven D. Dunnings · Answer

Do the police have evidence of domestic violence separate from her testimony?

Jeffery Cojocar · Answer

It depends on the jurisdiction, but they certainly do not have to.

Ernest Biando · Answer

They may but it all depends on the facts and the ADA.

Jacob P. Sartz · Answer

This answer does not contain specific legal advice. If you need specific legal advice, you should consult privately with an attorney.   Once charges are filed, the local prosecuting attorney, has right to pursue the case even if a victim wishes to have the charges dropped. In domestic violence cases, it's fairly common that a "victim" may change their mind and want the charges dropped. However, before trial, or without a judge making a ruling based on a substantive motion filed by the defense, whether to drop charges is up to the prosecutor. If a witness, i.e., "victim" or any witness for that matter fails to appear when they have been subpoenaed to appear at trial, the court may order a warrant for their arrest to bring them to the trial.  If a “victim,"  after filing a police report, later refutes the claims they made in that report,  they could be charged criminally with filing a false report. If a witness lies under oath regarding original allegations, they could be charged with a felony such as perjury.  Simply because a "victim" wishes to have the charges dropped does not mean that ultimately the case will be dropped. However, obviously, it’s harder for the prosecutor to prove their case when they have uncooperative witnesses.

George Woodworth · Answer

Unfortunately for the Defendant, the answer is NO.  Even when the wife does not want to press charges or even recants (no longer supports her story) to the police/DA, California law still requires the prosecution to go forward. Most of the time this is done by offering the wife's original story to the Jury by way of the arresting officer. He is allowed, under current California law, to give hearsay testimony of what the wife originally told him about the incident, and any abuse that had just taken place. However, that is still the key for the Defendant to his winning the case, by showing that the wife's original story is full of holes or inconsistencies, and that she now recants that story because she doesn't want to lie in Court. These cases can be won by effective, experienced criminal defense attorneys!

Thomas Tomko · Answer

If the wife does not show up, then the charges could be dropped, and the wife could be charged with contempt if she was subpoenaed.  You should retain an attorney and discuss how to handle this situation without creating new charges.

Michael Garber · Answer

Yes. She can also file a reluctant witness affidavit.

Leonard Harden · Answer

There are many variations. The bottom line is if the wife failed to appear for court at a trial the charges will likely be dismissed. If wife were subpoenaed properly she could be charged with a breach of court order for failing to appear. If anyone suggested to her not to appear that person could be charged with witness tampering. These cases are very common and can be complicated. It is a good idea to hire an experienced defense lawyer to assist you.

Craig Elhart · Answer

The decision to charge or continue with a prosecution is entirely within the discretion of the prosecuting attorney.  It is the prosecutor's burden of proof at trial.  The prosecutor can subpoena the wife to attend trial and may proceed even if the wife does not want to cooperate.

Michael J. Breczinski · Answer

The state will nedd her to have the charges go forward, if there were no other witnesses to the event. However they could subpoena her into the court and if she did not go then she could end up in jail for not obeying the subpoena. They usually will take her desires into account when offering a plea deal or for sentencing.

Roianne Houlton Conner · Answer

The State could drop the charges or could continue the case until the Wife is forced into Court.  However, the Wife does not have to testify due to spousal privilege.

James Schoenberger · Answer

The state controls the case and is fully prepared to deal with a situation as you describe where the alleged victim recants. They do not have to dismiss if the wife does not wish to "press charges".

Alanna Coopersmith · Answer

A witness is supposed to comply with a subpoena - i.e. come to court. Then again, a judge is prohibited from holding a domestic violence victim in contempt.

Geoffrey MacLaren Yaryan · Answer

A wife may not decide not to press charges, however she can refused to   testify which would remove her as a witness, and if there were no other   witnesses the prosecution would not be able to convict.

Michael Nack · Answer

If the case is set for trial and the only evidence against you is to come   from your wife, then the case might be dismissed upon her failure to appear  and  testify. But, the state can and probably will subpoena her, and it is  also  likely that there is other evidence. If you do not already have an  attorney, you  should hire one. The attorney might be able to negotiate some  sort of deal that  will avoid you even risking a conviction.

Robert English · Answer

It is complicated. Once the crime is reported, she cannot simply drop the charges because there is a state interest in upholding the law. If she is subpoenaed as a witness and fails to show, they can issue a warrant to bring her to court. In some cases, the case will be dropped when the witness recants or is reluctant.

Jared Altman · Answer

Often the case gets dismissed for lack of evidence.

Thomas Ogas · Answer

The state may drop the charges if she doesnt show up in court, but they are not required to.  With any case, the state has to prove the charges.  They will do whatever they can to bring as much proof to court.  They could call other witnesses, present photos, statements, etc.  If she fails to show up to court, they can have her arrested for disobeying a subpoena.  If she shows up but changes her testimony, they can use her original police statements against her.  That being said, a reluctant victim makes the prosecutors job harder, which is not necessarily a bad thing.  Sometimes if things get too hard, theyll offer a better deal, or if they think their case is hopeless theyll dismiss.

Mark Cogan · Answer

The victim does not always need to be present for the State to take a case to trial. Sometimes there is independent evidence. Moreover, the State has the power to force a victim to attend trial.

Jonathan Willett · Answer

If the wife does not show up and has not been subpoenaed, then the state usually has to dismiss.   Frequently, the state will go forward with charges even though the wife does not want to.

Jeff Yeh · Answer

Prosecutors couldn't care less if the victim wants to press charges or not. 90% of DV cases the victim is relunctant to proceed, so this is practically a "given" in all DV cases. As to your question of what would happen if the victim doesn't show up, a warrant may be issued, but if they fail to locate the victim, the charges would likely be dropped entirely.

Jules N. Fiani · Answer

The state could dismiss the charges.

Terry Nelson · Answer

She will be subpoenaed by the DA as an unwilling witness, and compelled to testify under oath as to what happened.  It is the strong policy of DAs to vigorously prosecute DV cases, even over the objection of the victim, since the DAs know most emotional and tearfully recanting witnesses are under threat and duress to do so.  Your attorney MAY be able to put together a defense and evidence package that includes convincing evidence that she should be believed by the DA, but no one can guarantee the outcome you want. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to work with her if she is truly voluntarily trying to drop the charges for good reason.

Edward Blum · Answer

Once someone files a police report or calls the police, it is essentially out of their hands.  They can refuse to cooperate with the police/prosecutor, but they have to be careful that they don't run into trouble of their own.  Disobeying a subpoena is chargeable as contempt.  Admitting on the stand that she lied to the police and you didn't do those things is filing a false report.    The state does not necessarily drop the charges. Although, in my experience if you handle it properly they will dismiss.  I advise that your spouse obtain legal representaton for herself.  Call me, I can help with this.

Cynthia Henley · Answer

The wife is not pressing the charges; the State is. She or someone else called the police and the police investigated, including taking statements for witnesses and her. If she does not want the case pursued, she can contact the prosecutor (or the prosecutor will be contacting her) and advise the prosecutor how she feels but this does NOT mean that the case will be dismissed. In fact, they are rarely dismissed. If the case is set for trial, the wife will be subpoenaed. If she does not show up, the State will send someone out to pick her up if they can find her. If they cannot find her, they can proceed to trial without her using her outcry statements if they are admissible and available.

Eric Schurman · Answer

I would need to know if there are other witnesses to the incident.  If  not, it is difficult to prove an assault with the complaining witness  present in court.

Hugo Florido · Answer

Normally the wife is the only witness.  Without her testimony it would be difficult for the State to prevail.  There are exceptions, confessions, excited utterance, other witness may help the State prevail.

Gregory Casale · Answer

It depends on whether the state has any additional witnesses. If they do not and she refuses to testify then they will have no evidence. However, she needs to be careful since there are things that the DA can do to force the issue and possible have her forced to testify or picked up on a bench warrant (to make her come to court). You really should have any attorney represent you.

Thomas Humphrey · Answer

The State will likely attempt to prove beyond a reasonable doubt that the defendant was guilty of the charge, using evidence other than the victim's testimony at trial. Such evidence could be statements made to the police by either the defendant or the victim, physical evidence, or other witnesses who may be able to testify as to what happens. Police and prosecutors have been trained to prepare their case with the possibility that the victim may wish to not testify.

Gary Moore · Answer

If she does not appear in court there will be concern on the part of the court and prosecutor that she has threatened, injured or intimidated by the defendant. Her nonappearance will only delay the proceedings. She should appear in court and advise the prosecutor of her wishes.

Michael Morgan · Answer

The state (not the alleged victim) can move to dismiss (or file) charges and this is in part because it provides less incentive for suspects to pressure alleged victims to drop charges. If someone witnessed an assault besides the alleged victim, the state can proceed without the cooperation of the alleged victim. If the alleged victim is subpoenas and does not appear for court, the government can request the court to order a material witness bench warrant in which the police then bring the alleged victim to court.

Charles Shaw · Answer

Not automatically. However, if the state has no victim to testify it is close to impossible to present a case to conviction.

Jared Austin · Answer

It is always up to the prosecutor to decide to pursue or drop charges. The complaining witness can give their input and the prosecutor will take that into consideration, but the ultimate decision lies with the state. If the wife does not show up, she could be charged with contempt of court. If she persistently refuses to show up decide contempt charges or threats of contempt, the charges may ultimately be dismissed unless there is some other way that the state can meet their burden of proof. If the wife changes her story from the one she told the police, they could also threaten her with filing charges of filing a false police report.

Eric Sterkenburg · Answer

If the victim of domestic violence does not want to press charges and will not show up in court the state may continue the prosecution if they have convincing evidence against the defendant without the victims testimony. Therefore, it depends on the facts. If it is only a he said she said case then they will drop it. If they have independent witness to the incident and have photos of the injuries or medical reports then it will go forward. Its the facts. Contact me on the phone where we can discuss all the facts and I can give you the answer for this incident.

Carina Laguzzi · Answer

Assuming that the wife is the victim/complainant in the case, she will undoubtedly receive a subpoena.  As subpoena is a Court Order and not merely an invitation to come to Court.  If she does not appear, she runs the risk that the prosecutor could request a bench warrant for her arrest for contempt of court and failing to appear in compliance with the subpoena. Alternatively, she could contact the prosecutor and explain that she does not wish to pursue the matter and would like for them to dismiss the case against her husband.  However, ultimately the decision as to what happens to a case is up to the prosecutor.

Jason Overton · Answer

Not necessarily.  The State can choose to go ahead with prosecution even if the alleged victim chooses not to.

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