If you’ve been arrested for domestic assault in Minnesota, you might be wondering if your partner will just drop the charges.
It’s a common and understandable question — especially when the situation was emotional, no one was seriously hurt, and both parties want to move forward. However, once police are involved, it’s no longer up to your partner. Only the prosecutor can decide whether to dismiss or move forward with the case.
Don’t risk your freedom for a simple mistake; contact a MN lawyer today.
Minnesota takes domestic assault cases seriously
Under Minn. Stat. § 609.2242, domestic assault is defined as committing an act with intent to cause fear of immediate bodily harm or intentionally inflicting bodily harm against a family or household member — which includes spouses, dating partners, co-parents, and roommates.
Even a minor incident, or one with no visible injuries, can lead to arrest and formal charges. Once police respond to a domestic disturbance, they’re legally required to make an arrest if there’s probable cause to believe an assault occurred.
From that point forward, the case belongs to the State of Minnesota, not the victim.
Learn more about this process at Martine Law’s domestic violence defense page.
Why your partner can’t “drop” the charges
Many people believe that if the alleged victim changes their mind or doesn’t want to press charges, the case will be dismissed. Unfortunately, that’s not how Minnesota law works.
Here’s why:
- The case is filed by the prosecutor, not the victim.
Once the state charges you, your partner’s wishes don’t control the outcome. - The prosecutor represents the state’s interests.
Even if your partner asks for the case to be dropped, prosecutors may move forward if they believe there’s enough evidence to convict. - The state can use other evidence.
Even without your partner’s cooperation, the prosecutor can use:- 911 recordings,
- Officer testimony,
- Photographs of injuries or property damage,
- Medical records, or
- Prior police reports.
In short: your partner’s request matters — but it does not automatically end the case.
Can your partner help the defense?
Yes, your partner’s cooperation can still influence how the case is handled. While they can’t “drop” charges, they can:
- Provide a statement clarifying what happened, especially if the original report was exaggerated or misunderstood.
- Submit an affidavit of non-prosecution, expressing they don’t want to testify or pursue the case further.
- Refuse to participate beyond what the law requires (though prosecutors can sometimes subpoena reluctant witnesses).
Even with an affidavit, prosecutors often continue the case, but your attorney can use your partner’s new statement to negotiate reduced charges or dismissal.
What prosecutors consider before deciding to drop or reduce charges
The prosecutor may review several factors before choosing whether to proceed, including:
- The seriousness of the alleged assault,
- Whether there were injuries,
- Whether there’s a history of prior incidents,
- Whether children were present, and
- The credibility of the original report compared to later statements.
If the evidence is weak or inconsistent — for example, if the 911 call contradicts your partner’s written statement — your defense lawyer can use that to push for dismissal or a plea to a lesser charge.
What happens if your partner refuses to testify
If the prosecutor issues a subpoena, your partner is legally required to appear in court. However, they can’t be forced to testify against you if doing so would violate their rights (for example, in certain marital privilege cases).
If your partner refuses to testify, the prosecutor may still try to proceed using:
- Police reports,
- Witness statements,
- Body camera footage, or
- 911 recordings.
If that evidence is insufficient, your attorney can file a motion to dismiss for lack of evidence.
What you should never do
It’s critical that you do not contact your partner directly after a domestic assault arrest — even if they want to “help you fix things.”
You may be subject to a Domestic Abuse No Contact Order (DANCO) or a restraining order, which makes any contact — even a text or message through a friend — a separate criminal offense.
Violating a DANCO can result in:
- Immediate arrest,
- New criminal charges, and
- Jail time or bail revocation.
If your partner wants to change or lift the no-contact order, your attorney must handle that request through the court.
Learn more about no-contact order violations on Martine Law’s assault defense page.
How a defense attorney can help
Even if your partner wants to drop the charges, having an attorney is essential. A Minnesota domestic assault lawyer can:
- Communicate safely and legally with your partner through approved channels.
- Gather and present evidence showing that the alleged assault was misunderstood, accidental, or self-defense.
- File motions to lift no-contact orders or dismiss weak cases.
- Negotiate for reduced charges, continuance for dismissal (CFD), or diversion programs that avoid a conviction.
- Protect your gun rights, record, and employment from long-term harm.
At Martine Law, we’ve helped many clients in similar situations navigate false allegations, misunderstandings, and family reconciliation efforts.
Key takeaways
- Once a domestic assault case is filed, only the prosecutor — not the victim — can drop it.
- Your partner’s statement may still help your case, but it doesn’t automatically end prosecution.
- You must not contact your partner if a no-contact order is in place.
- An experienced defense attorney can help negotiate with prosecutors, challenge evidence, and protect your record.
If you were arrested for domestic assault in Minnesota and your partner now wants to drop the charges, it’s important to move carefully. Martine Law can help you understand your legal options, communicate through the right channels, and fight to clear your name.
Contact Martine Law today for a confidential consultation with a Minnesota domestic assault defense attorney.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.