Can Domestic Violence Charges Be Dropped in California?

In California, domestic violence is a serious criminal offense. The state’s domestic violence laws define threatening or harming (physically or emotionally) a spouse, partner, family member, or cohabitant as a criminal act. If you are accused, it is crucial to seek legal counsel immediately for your defense.

For the accused, having charges dropped before the case goes to trial may seem like a dream. Although there are many reasons a domestic violence case may be dismissed, the decision does not lie with the person who initially reported the offense.

A domestic violence case cannot be dismissed simply because the reporting party recants or assumes the case will disappear. Once charges are filed, the case falls under the control of the District Attorney (the prosecutor). Only the District Attorney has the authority to drop the case after it has been filed. A judge can only dismiss a criminal charge if there is a legal basis to do so.

What Are Six Potential Reasons Your Domestic Violence Charges May Be Dropped?

Once a domestic violence charge is filed and the case is initiated, the District Attorney decides whether to pursue a conviction. Certain factors may cast doubt on the case. The six most common reasons prosecutors may drop domestic violence cases include:

1. Is There Insufficient Evidence?

Lack of evidence is one of the most common reasons prosecutors choose to drop a case. Remember, the prosecution must prove guilt beyond a reasonable doubt. If they cannot do so, a jury may refuse to convict.

To prove a domestic violence charge, prosecutors must show the defendant intentionally touched or threatened the victim, the contact was harmful or offensive, and the affected person was a partner or family member.

If any of these elements cannot be proven, prosecutors may find it difficult to move forward—possibly leading to dropped charges.

2. Are There Inconsistent Statements?

In domestic violence cases, the prosecution will review statements from the defendant, alleged victim, and any witnesses. If these statements contradict known evidence, it becomes harder to meet the “beyond a reasonable doubt” threshold. Examples include victims changing their stories or describing events that don’t align with injuries or the crime scene.

In more extreme cases, inconsistent statements may make the case too weak to pursue, prompting prosecutors to drop it to save time and resources.

3. Was the Evidence Illegally Obtained?

If law enforcement failed to follow proper protocol when gathering evidence, it may be deemed inadmissible due to contamination. Even crucial evidence cannot be used in court if obtained unlawfully. Your criminal defense attorney can carefully review the police investigation to identify any unlawfully collected evidence.

4. Is There a Lack of Visible Injury?

A domestic violence conviction doesn’t require visible injuries, as threats, inappropriate touching, and intentional harm also qualify.

However, if there are no visible injuries, the victim’s statements may be doubted—especially if there’s no clear evidence to support their account—potentially leading the prosecutor to drop the charge.

5. Are There No Independent Witnesses?

It’s important to note that most domestic violence cases don’t involve independent witnesses. Many arrests and convictions occur without eyewitness testimony.

However, if statements are inconsistent and physical evidence is lacking, the absence of independent witnesses can make the case difficult for prosecutors to prove.

6. Is the Victim Uncooperative With the Prosecutor?

Although alleged victims cannot drop charges once they’re filed, their cooperation—or lack thereof—can influence the outcome of the case.

In some domestic violence cases, prosecutors rely on the victim’s cooperation. If the victim is uncooperative or refuses to testify, the prosecution may not have enough evidence to proceed. If the case is too weak for a conviction, it may be dropped.

If the District Attorney has sufficient evidence, they will move forward with charges and seek a conviction. However, in some cases, the prosecution may be unable to proceed, which can result in dropped charges. The Law Office of Daniel Deng has extensive experience representing clients accused of criminal offenses. Contact us today to learn more about your case and begin building a strong defense strategy. Call 626-280-6000 to schedule your initial confidential consultation.