If you or someone you know is involved in a domestic violence case in Minnesota, one of the most common questions is: Can the victim drop the charges? The short answer is no, not directly — and here’s why.
In Minnesota, once a domestic violence incident is reported and charges are filed, it becomes a criminal matter handled by the State, not the individual. This means that even if the victim wants to “drop the charges,” the decision rests solely with the prosecuting attorney, not the alleged victim.
Let’s break down how this works, why the law is structured this way, and what options are available if you’re involved in a domestic violence case.
Domestic Violence as a State Crime
Once police are called to a suspected domestic incident and find probable cause, an arrest can be made even without the victim’s consent. From there:
- A police report is sent to the prosecutor.
- The prosecutor decides whether to formally file charges.
- The case proceeds based on evidence, not the victim’s wishes.
This system is designed to protect victims who may feel pressure, fear, or coercion to drop the case.
Why Can’t the Victim Drop Charges?
Minnesota law treats domestic violence cases differently from civil disputes. Once criminal charges are filed:
- The victim becomes a witness for the State.
- The prosecutor controls the case, not the victim.
- A request by the victim to drop charges may be considered, but not necessarily granted.
This prevents abusers from manipulating victims into backing down or avoiding accountability.
What If the Victim Doesn’t Want to Testify?
Victims can express their wishes to the prosecutor, but they may still be subpoenaed to appear in court. If they refuse to testify after being subpoenaed, they could face legal consequences, including contempt of court.
However, in some cases, the prosecutor may decide not to pursue the case further if:
- The victim refuses to cooperate.
- There is insufficient evidence to proceed without the victim’s testimony.
Can Charges Still Proceed Without the Victim?
Yes. Minnesota prosecutors often proceed with domestic violence cases even if the victim refuses to participate, using other forms of evidence such as:
- Police officer testimony
- 911 call recordings
- Medical records
- Photographs of injuries
- Eyewitness statements
- Prior incident reports
This is especially true if the accused has a history of abuse or the evidence is strong.
What If the Victim Recants Their Statement?
If the victim recants — meaning they take back what they initially said — it doesn’t automatically end the case. Prosecutors often treat recanting with skepticism, especially if it appears the victim may be under pressure.
They may still move forward with charges using original statements, physical evidence, or other witnesses.
Can the Victim File an Affidavit of Non-Prosecution?
Some victims choose to submit an affidavit of non-prosecution — a written request to dismiss the charges. While this lets the court know the victim’s position, it does not guarantee dismissal. The prosecutor may consider it, but public safety and legal strategy guide their decision.
When Charges May Be Dropped
While the victim can’t directly drop charges, the prosecutor can choose to dismiss the case if:
- There’s not enough evidence to support a conviction.
- The victim is uncooperative and no other evidence exists.
- A plea deal is reached that resolves the case differently.
Even so, this decision rests solely with the prosecution.
What Should You Do If You’re a Victim?
If you are a victim of domestic violence and want to express your position about the charges, it’s best to:
- Speak with the victim advocate assigned to your case.
- Contact the prosecutor’s office directly.
- Avoid communicating directly with the defendant (especially if a no-contact order is in place).
Remember, your safety is the priority. Resources are available to help you navigate the process and protect yourself.
What If You’re the Accused?
If you’ve been charged with domestic assault in Minnesota and believe the victim wants the charges dropped, don’t assume that will end the case.
Instead:
- Contact an experienced criminal defense lawyer immediately.
- Do not contact the alleged victim — it could violate court orders.
- Let your attorney handle communications with the prosecutor.
At Martine Law, we defend individuals facing domestic violence charges and work to present the full story, protect your rights, and fight for the best possible outcome.
Speak With a Domestic Assault Lawyer
Whether you’re the alleged victim or the accused, domestic violence charges in Minnesota are serious — and complex. Even if both parties want to move on, the case might still proceed.
Our legal team at Martine Law is here to provide clarity, legal protection, and honest advice about what to expect.
Schedule a consultation today to understand your options.