If My Spouse Does Not Want to Press Charges for Domestic Assault, Why Isn’t My Case Thrown Out?
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is required in some situations to make efforts to obtain victim input in how cases are handled. But prosecutors have the final say in how to handle their cases, and not victims. So even if your spouse does not want to press charges, that does not automatically mean your case will be thrown out because that decision is left to the prosecutor. In some instances, a defense attorney can convince a judge that no basis exists for the prosecutor’s charges. If a judge agrees, then the judge can dismiss the charges.