In domestic violence cases, one question that many defendants ask is whether or not the victim can drop the charges once they’ve been filed.
The short answer is no. Once a case is filed, only the State Attorney can drop it. Florida Statute 741.2901(2) requires every state attorney to adopt a pro-prosecution policy for domestic violence and says the filing, nonfiling or diversion of charges is decided by that office “over the objection of the victim, if necessary.”
How Florida’s Domestic Violence Laws Work
Contrary to popular belief, you don’t actually need to physically harm someone to commit domestic violence in Florida. Florida's Florida Statute 741.28(2) defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. The relationship is part of the offense: Florida Statute 741.28(3) limits it to spouses, former spouses, people related by blood or marriage, people who live or have lived together as a family, and the parents of a child in common.
Assault, under Florida Statute 784.011, is an intentional and unlawful threat by word or act to do violence to another, coupled with an apparent ability to carry it out and an act that creates a well-founded fear that the violence is imminent. Battery, under Florida Statute 784.03, is actually and intentionally touching or striking another person against that person's will, or intentionally causing bodily harm.
The Role of Police and Law Enforcement
When a domestic violence call is received, police officers are responsible for assessing the situation, gathering evidence, and ensuring the safety of all parties involved. Upon arrival at the scene, officers will usually:
- Interview both the victim and the alleged perpetrator
- Check for visible injuries and document them with photographs
- Collect all relevant evidence and witness statements
- Administer the lethality assessment required by Florida Statute 741.29(1)(c) when the parties are intimate partners
Under Florida Statute 741.29(4), an officer with probable cause to believe an act of domestic violence was committed may arrest the suspect, and that decision does not need the victim’s consent. The report then goes to the State Attorney, who decides whether to file charges. Florida Statute 741.2901(3) also requires that a person arrested for domestic violence be held in custody until first appearance rather than bonding out at the jail.
The Legal Process and Victim's Rights
A victim cannot drop the case, but the victim’s account is usually the state’s main evidence, so what the victim says still shapes what the prosecutor does with it. Article I, section 16(b) of the Florida Constitution and Florida Statute 960.001 give victims the right to be told about proceedings, to be present, and to be heard on release, plea and sentencing.
Witness and Victim Cooperation
Witnesses and victims carry most of the evidence in a domestic violence case. If the victim will not testify, the state has to build the case out of what is left: the 911 recording, the officer’s body camera footage, photographs of injuries, medical records, and anything the defendant said.
As a victim or witness you can ask the State Attorney’s victim advocate for help with the process, and you can hire your own lawyer. Do not rely on the defendant’s attorney for advice: that lawyer represents the person charged, not you.
It is important that witnesses and victims cooperate with the prosecutor and provide truthful and accurate information. Witness statements can be important evidence that ensures the perpetrator is held accountable for their actions. Providing accurate and timely information can have a significant impact on the decision-making of the court system.
The Power of Prosecutors in Dropping Charges
The rule exists because a victim under pressure from the defendant should not be the one deciding whether the case goes away. Florida Statute 741.2901(2) states the Legislature’s intent that domestic violence be treated as a criminal act rather than a private matter.
The prosecutor can still take the victim's account into consideration. For example, let’s say there was a genuine misunderstanding while out at a restaurant or bar that led to a wrongful arrest. The prosecutor can listen to the victim’s side of the story and use their own judgment and discretion as to whether taking the case to court is warranted.
Factors Influencing the Dismissal of Charges
What usually decides the case is whether the state can prove it without the victim’s help. The prosecutor has to prove every element beyond a reasonable doubt, so a case built only on a statement the victim will not repeat under oath is the kind of case that gets dropped or reduced. Independent evidence such as photographs, medical records or an admission by the defendant makes that much less likely.
Impact of Evidence and Witness Statements
Factors such as physical evidence, medical reports, and witness statements contribute to the probative value of the case. Visible injuries documented by photographs or medical reports and the presence of independent witnesses can increase the likelihood of prosecution.
Prosecutors evaluate the available evidence along with any corroborating evidence from outside sources. For example, police reports, phone records, or text messages may provide additional information relevant to the case.
Speak To A Florida Attorney About Your Domestic Violence Charges
If you're facing domestic violence charges in Florida, talk to a lawyer before you talk to anyone else about the case. Florida Statute 741.2901(3) requires the State Attorney to investigate your history before first appearance and present it to the judge when bond is set, so the state is already building its file while you are still in custody.
Call Weinstein Legal Team at 888.626.1108 or click here to schedule a free case review with an attorney today.
