If both the defendant and the plaintiff decide to drop the case and just dismiss it will the court accept it?

Question

If one person got arrested for domestic violence and the victim decides to dismiss the case, can the court just let it go?

Answer 1

Either or both of the parties in a case can petition the court to dismiss the case.

Answer 2

In cases of domestic violence, so many spouses were dropping charges and ending up getting hurt that the rules were changed a number of years ago. This actually lead to more abuse by the defendant, who often abused the victim into dropping charges.

A domestic violence charge is now handled by the state with evidence gathered at the scene. You don't have a choice. Unless you can convince the DA otherwise, the case is going to court. It will be read as the state vs the defendant.

The plaintiff in this case is the state. One possible witness is the victim. The state typically does not drop the case.

Answer 3

'Coragryph' is technically correct. In civil cases, the court must accept a settlement of the parties, and in criminal cases (since the issue is between the state and the defendent, and the victim is not a party to the proceedings) the court can proceed without the consent of the victim.


However, in reality, criminal cases usually cannot be effectively prosecuted without the testimony of the victim, and so if the victim "decides not to press charges" (even though it is the district attorney's office and not the victim who would bring the charges), then the DA's office would have little choice but to drop the case.

In a domestic violence case, it is possible that there is enough evidence to proceed without the testimony of the victim, and in domestic cases prosecutors will often try to do this, as they are aware of the psychological issues which can come into play in such cases. As a general rule, though, criminal cases are usually dropped if the victim so requests.

Answer 4

In the Commonwealth of Virginia, I know that in cases of domestic violence, the victim cannot just drop the charges and have the case dismissed. The state will still pursue the case. If it is a first time offense and both parties seem amenable, the person who was arrested may not have to do jail time, but take anger management classes and do community service -- if the crime wasn't too brutal. There's no way they'll "let it go".

Answer 5

In a civil suit, yes -- the court must accept a settlement between the parties and dismiss the case.

In a criminal case, the victim is not a party -- and dismissing the charges would be up to the prosecutor regardless of whether the victim wants to proceed or not.

Answer 6

No, the laywers will decide on to press charges or not. it also depends on what state you live in. even if the victim doesn't want to press charges the courts will still go thru with it without the victim. Especially if there is a police report.

Answer 7

In Civil cases, yes.

Answer 8

No, its state law for the State to press charges.

Answer 9

yes, it unfortunately happens all the time. may be different if kids are involved.