It's essential to understand that California domestic violence laws make it a crime to threaten or harm an intimate partner, spouse, or domestic partner. Therefore, the alleged victim cannot drop the domestic violence charges, even if they change their mind. The alleged victim cannot drop domestic violence charges in Los Angeles. When facing domestic violence charges in California, it is important to understand that the alleged victim does not have the power to drop the charges.
The state attorney is the only one who can do this. However, a criminal defense attorney specializing in domestic violence cases can help protect the rights of the defendant and take steps to have these charges dismissed. A Pasadena domestic violence lawyer or another can step in and file a motion to dismiss if you are accused of domestic violence. The state attorney working on the case is the only person in California capable of dropping domestic violence charges.
Prosecutors represent the victim in court and investigate complaints and criminal cases submitted to them. Their line of action focuses on doing justice for the victim and achieving the best outcome for the state. Criminal defense attorneys who specialize in domestic violence charges can help protect the rights of the defendant. While in most cases, “marital privilege” allows a wife to refuse to testify against her husband, this does not apply to cases of domestic violence (Evidence Code 97). No provision of California's domestic violence law gives an alleged victim of domestic abuse the right to drop charges. In practice, this means that, in most cases of domestic violence, the prosecution will have little or nothing to present if the alleged victim does not testify.
However, in California, a court has extremely limited contempt power to punish a victim who fails to cooperate in a domestic violence case. Technically, only the district attorney can drop domestic violence charges after an indictment in California. California has a Victims' Bill of Rights, also known as Marsy's law, that gives a number of rights and protections to suspected victims of domestic violence. If your partner calls the police to report domestic abuse, you may be unaware that this call triggers events that are likely to lead to your arrest. This protection is provided only to alleged victims in cases of domestic and sexual violence in accordance with California Code of Civil Procedure 1219. When facing domestic violence charges in California, it is important to understand that you do not have control over whether or not these charges are dropped.
The state attorney is responsible for deciding whether or not they will pursue these charges. However, a criminal defense attorney specializing in domestic violence cases can help protect your rights and take steps to have these charges dismissed.
