You’d be amazed how many people come to me wondering this very thing. It is logical to assume that if the alleged victim in a domestic violence case does not want to prosecute that the case will be dismissed by the State Attorney’s Office.
However, the prosecutor does not have to drop your case simply because the victim does not want to cooperate. Therefore, the simple answer is: No. Your case will not automatically be dropped because the alleged victim says so.
Domestic violence cases are prosecuted very aggressively in Florida, and Miami is no exception. The prosecutor (and the prosecutor alone) determines whether to file formal charges against you and later determines whether your case should be dismissed.
If you have recently been arrested for domestic violence, please do not think that everything will simply go away and your case will be dismissed because the alleged victim does not want to prosecute. As you can imagine, domestic violence cases are very emotional.
What one day may seem like everything is back to normal can turn into a living hell the next. Letting your guard down simply because you have reason to believe that the alleged victim does not want to press charges is a surefire way to get yourself in a lot of trouble. You can end up with a permanent criminal record and even end up in jail.
What NOT to Do
Under no circumstances should you attempt to contact the alleged victim to ask that they drop the case, nor should you intimidate or threaten the alleged victim in any way. Doing this will be a violation of the court’s stay away order or no contact order. This is not only another criminal charge that you will have to defend but they can also revoke your bond and put you back in jail.
Taking matters into your own hands by attempting to contact the alleged victim or simply assuming that everything will get dropped is not the strategy that you should employ when facing these serious charges.
What Should You Do If the Victim Doesn’t Want to Prosecute?
If you have reason to believe that the alleged victim in your case does not want to prosecute (or press charges), then you should seek the help of an experienced criminal defense lawyer to help you through this emotional court case. An attorney that handles domestic violence cases will be able to help you navigate this tricky area of law in order to resolve this in the best possible way.
If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo's special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website. If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk. You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me by first calling (305) 707-7345. The sooner we talk, the sooner you will have clarity on what you face—and just a little clarity can take away a lot of the stress.