Is it possible to have a domestic violence charge dropped?
Yes, but not as easily as most people think. In Minnesota, once a domestic violence charge has been filed, the case is in the hands of the state, not the alleged victim. That means the prosecutor, not the person who made the report, decides whether to move forward, reduce, or dismiss the charges.
This is a common misconception. Many people believe that if the accuser wants to “drop the charges,” the case will simply go away. In reality, the prosecution may continue with the case even without the alleged victim’s cooperation, especially if they believe a crime occurred.
If you’ve been charged, speak with a domestic violence defense lawyer right away. The earlier you act, the more options you have to protect yourself.
Why doesn’t the accuser have the power to drop the charges?
Because domestic violence cases involve public safety concerns, prosecutors in Minnesota have a responsibility to protect the alleged victim and others from future harm — even if the accuser has changed their mind.
Prosecutors often move forward without victim cooperation if:
- Police saw injuries or heard threats
- There’s a 911 recording
- Neighbors or witnesses reported violence
- There’s prior history of abuse or restraining orders
- Children were present during the incident
In short, the state can pursue charges based on available evidence, even if the victim refuses to testify.
What might lead to a domestic violence case being dropped?
While it’s ultimately up to the prosecutor, charges may be dismissed if the defense can show the case is weak or flawed.
Common reasons charges are dropped:
- Lack of physical evidence or injuries
- The alleged victim refuses to testify and cannot be compelled
- Contradictory witness statements
- The 911 call doesn’t support the charges
- Constitutional violations (e.g., unlawful arrest or Miranda rights violations)
- The incident was a misunderstanding or mutual argument
A strong legal defense, led by an experienced criminal defense attorney, can uncover these weaknesses and negotiate with prosecutors early in the process.
What if the accuser wants to recant their statement?
Recanting, or taking back a statement, does not automatically end the case. In fact, prosecutors often assume recanting is due to pressure, fear, or manipulation by the accused.
They may continue with the case by using:
- The original police report
- Medical records
- Witnesses
- Voicemail or text messages
- Bodycam footage
Still, if the accuser is unwilling to testify and no other evidence supports the charge, the case may be difficult to prove.
If you’re the accused, never try to influence the accuser. This could result in additional charges for witness tampering. Instead, let your attorney speak for you.
Can a no-contact order be lifted?
Possibly. If the court issued a Domestic Abuse No Contact Order (DANCO) after the arrest, your attorney can file a motion to modify or remove it.
The judge will consider:
- Whether the alleged victim feels safe
- If both parties want contact restored
- Whether there’s a history of violence
- Recommendations from pretrial services
However, no-contact orders are taken seriously. Violating one, even if the other person initiates contact, can result in arrest and new criminal charges.
For help modifying your conditions of release, contact a Minnesota defense attorney as soon as possible.
What are your legal options if you’ve been charged?
Being charged with domestic violence is stressful, but you do have legal rights and options.
Your attorney may:
- Request a dismissal due to insufficient evidence
- Negotiate a reduced charge or diversion program
- Present evidence that contradicts the police report
- File motions to suppress illegally obtained evidence
- Prepare for trial if the case goes forward
At Martine Law, we understand that not every domestic dispute is a crime, and not every accusation is true. We fight to make sure your voice is heard and your rights are protected.
Frequently asked questions
How long does the prosecutor have to drop domestic violence charges?
In Minnesota, prosecutors generally file misdemeanor charges within 3 years and felony charges within 4 years. But once charges are filed, they can be dismissed at any point before or during trial if there’s insufficient evidence.
What happens if the victim doesn’t show up in court?
If the victim is subpoenaed and fails to appear, the prosecutor may request a continuance or attempt to proceed with other evidence. However, the judge may dismiss the case if the testimony is critical and cannot be replaced.
Will the charges show up on my record if they’re dropped?
If your charges are dismissed, you may be eligible for an expungement, which removes the record from public view. A defense lawyer can help you file the necessary petition.
What should I do if I’m falsely accused?
Avoid contact with the accuser and consult with a defense attorney immediately. Gather texts, call logs, or witnesses who can confirm your version of events.
Key takeaways
- Only the prosecutor, not the accuser, can drop domestic violence charges in Minnesota.
- The case may still move forward without the victim’s cooperation.
- Charges are more likely to be dropped if there’s weak evidence or constitutional issues.
- A skilled Domestic Assault Attorney can challenge the charges and protect your record.
- Never violate a no-contact order or attempt to influence the accuser, this can backfire legally.
Facing a domestic violence charge in Minnesota?
Let Martine Law guide you through your options and help protect your future.
Contact our defense team today for a confidential consultation.