Can a Victim Drop Domestic Violence Charges if They Choose?

Unfortunately, if a person files a domestic violence claim, it becomes the decision of the court to drop the case. This means that if you are in a relationship and your significant other files a claim, but then you two make up and they want to drop the claim, they are not able to do so. This charge is brought by the state against the defendant in the case, so the alleged victim cannot drop charges. The only party that can drop the case would be the prosecutor. Generally, in these types of cases the prosecutor will push forward and seek conviction. The reason for this is because victims are often threatened to drop domestic violence cases by the offender. At the same time, a simple argument between a couple can then result in jail time and significant consequences.

The prosecutor is required under Colorado Victim's Rights Amendment to meet with the alleged victim in the case and the named victim can express their disinterest in proceeding. The alleged victim's discretion is still limited in this matter and the prosecutor can continue on with the case regardless of what the alleged victim wants. A lawyer may be able to push for the wants of the alleged victim while highlighting the weaknesses in the case to have it dismissed. Lancaster Law Office, LLC fully investigates the cases of our clients and we can help you pursue a dismissal if wanted. Whether it is explaining a misunderstanding, showing mutual involvement and responsibility for the incident or any other defense to the claim, we can assist you. Contact a Denver domestic violence attorney from our firm for the representation that you need. You can start now by filling out a free online case evaluation form and we will get back to you to discuss how we can help.