Many people believe that if the victim of an alleged domestic violence incident refuses to testify, the charges will automatically be dropped. In Minnesota, that is not always the case.
Prosecutors can and often do proceed with a case even when the victim is unwilling to testify. This is because domestic violence is treated as a crime against the state, not just against the individual victim. At Martine Law, our attorneys help clients understand these rules and develop strategies to protect their rights.
Why the case can still move forward
In Minnesota, once domestic violence charges are filed, it is up to the prosecutor, not the victim, to decide whether to dismiss them.
Even if the victim:
- Recants their statement
- Refuses to appear in court
- Says they no longer want to press charges
…the state may still have enough evidence to move forward.
Other evidence prosecutors may use without victim testimony
A case can proceed using:
- 911 call recordings
- Photographs of injuries or damaged property
- Body camera footage from responding officers
- Statements the victim made to police or medical personnel
- Witness testimony from neighbors, friends, or family
- Physical evidence like torn clothing or weapons
These forms of evidence can sometimes be admitted under the “excited utterance” or other hearsay exceptions in Minnesota law.
The role of subpoenas and victim cooperation
If the prosecution believes the victim’s testimony is essential, they may issue a subpoena requiring them to appear in court. If the victim ignores the subpoena, they could face legal consequences.
However, some victims may invoke privileges or protections that limit their testimony.
How a defense lawyer can help
If you are facing domestic violence charges and the victim is unwilling to testify, your Minnesota domestic violence attorney can:
- Challenge the admissibility of hearsay evidence
- File motions to suppress unlawfully obtained statements
- Highlight weaknesses in the state’s case without direct victim testimony
- Negotiate for reduced charges or dismissal if the evidence is insufficient
Can the case be dismissed?
Yes, but dismissal is not guaranteed. Charges may be dropped if:
- The prosecution lacks enough evidence without the victim’s testimony
- Key evidence is ruled inadmissible
- Witnesses are unavailable or unreliable
Every case is different, and outcomes depend heavily on the specific facts and quality of the remaining evidence.
Key takeaways
- Victim testimony is not always required for a Minnesota domestic violence case to move forward.
- Prosecutors can use other evidence such as 911 calls, photos, and police reports.
- A skilled defense lawyer can exploit evidentiary gaps and fight for dismissal when possible.
- Acting quickly to build your defense is critical to protecting your rights.
Charged with domestic violence in Minnesota?
We understand the stakes and fight for the best possible outcome in every case.
Contact Martine Law today for a confidential consultation.