Who Can Drop A Domestic Violence Charge?

Can The Victim Drop Charge of Domestic Violence in Michigan?

The simple answer is, it is not up to the victim spouse or complainant to drop the domestic violence charge after an arrest for domestic violence or domestic assault. Immediately after the police are notified, statements are taken from the alleged victim, who may have been the spouse, girlfriend or boyfriend, parent, sibling. Sometimes photographs of the victim's injuries (bruises, cuts, etc.) are taken. The victim or complainant's are almost always asked to make a written statement which the Prosecutor uses to prove its case.

In many instances, both the victim and Defendant reconcile. Many victims call the police or the Prosecutor's Office after the incident to drop charges, however, most all Prosecutors never do. Sometimes, victims will go to trial in an attempt to change their story, however, the Prosecutor attacks the in-court testimony and explain that the victim is trying to 'save' the Defendant from prosecution by changing their story. Judges and Juries will be asked to accept the victim's original statement as truthful because it was made in an excited state, thus is credible where there is no time for fabrication. This can get lead in charges brought against the victim for perjury, filing false police report or obstruction of justice.

In essence, regardless whether the alleged victim retracts or is no longer interested in pursuing the domestic violence charge against the spouse/defendant, the fact is that it is not up to the victim to drop the charges, but rather, the Prosecutor.

If you have been arrested for domestic violence or domestic assault in any court in the Metro Detroit area, including Oakland, Macomb, Washtenaw, Livingston or Wayne County, contact criminal defense Attorney Daniel D. Hajji for a free consultation.