Introduction
Being charged with domestic violence in Minnesota can have serious and lasting consequences. A common assumption is that if the alleged victim no longer wants to pursue the case, the charges will be dropped. But that is rarely how the legal system works.
In Minnesota, once domestic violence charges are filed, only the prosecutor has the authority to dismiss them — not the victim. This blog explains how domestic violence cases are handled, the role of the alleged victim, and what defense options may be available if you are facing these charges.
The Role of the State in Domestic Violence Cases
When police are called to a domestic disturbance and find probable cause, they often make an arrest on the spot. The case is then handed over to the State of Minnesota, which becomes the plaintiff in the criminal prosecution.
This means that even if the alleged victim recants their statement or asks to “drop the charges,” the decision lies solely with the prosecuting attorney. The victim becomes a witness — not a party — in the criminal case.
Why Doesn’t the Victim Have the Final Say?
Domestic violence laws in Minnesota are designed to protect victims from pressure, manipulation, or fear. In many domestic abuse cases, the victim may:
- Fear retaliation
- Still care for the defendant
- Rely on the abuser financially
- Feel guilty or confused after the incident
To prevent these emotions from interfering with justice, prosecutors take control of the case and make decisions based on evidence, not emotions.
Can the Victim Refuse to Testify?
If a domestic violence case goes to trial, the victim may be subpoenaed to testify. Refusing to appear can lead to contempt of court charges. Even if they do appear but recant or contradict earlier statements, prosecutors can still build their case using:
- Police reports
- 911 call recordings
- Photographs of injuries
- Witness statements
- Body camera or security footage
In short, the case can move forward with or without the victim’s cooperation if the evidence is strong enough.
What Is a Dismissal Affidavit?
In some instances, the alleged victim may submit a “dismissal affidavit” to the court, expressing their desire to end the case. While the judge and prosecutor may consider it, this document does not automatically result in charges being dropped.
Prosecutors will review the circumstances carefully, especially to determine whether coercion or intimidation is influencing the victim’s decision.
Factors That May Lead to Charges Being Dropped
Prosecutors may dismiss a domestic violence case in Minnesota if:
- There is insufficient evidence
- The alleged victim’s story is inconsistent
- There were no visible injuries or witnesses
- The defendant has no criminal history
- The case appears to be a misunderstanding
However, dismissal is never guaranteed. Even a minor incident can be pursued aggressively by prosecutors, especially if children were present or prior reports exist.
Can Domestic Violence Charges Be Reduced?
Yes. In some cases, a defense attorney may negotiate with the prosecutor to reduce the charges. For example:
- Domestic assault charges could be downgraded to disorderly conduct
- Jail time may be avoided in favor of probation or counseling
- The defendant might enter a diversion program
At Martine Law, we fight to minimize the consequences of domestic violence charges, especially for first-time offenders.
What Happens If the Case Goes to Trial?
If no plea agreement is reached, the case proceeds to trial. The prosecution must prove:
- That the alleged assault or threat occurred
- That the defendant was responsible
- That the act qualifies as domestic assault under Minnesota law
The defense may argue that:
- The act was accidental or taken out of context
- The victim is not credible or changed their statement
- There was a lack of evidence or reasonable doubt
- The defendant acted in self-defense
What About Orders for Protection?
Domestic violence charges often come with a temporary or permanent order for protection (OFP). Even if the criminal charges are dropped, an OFP can remain in place and affect your:
- Child custody and visitation
- Right to own firearms
- Freedom of movement
Violating an OFP is a separate criminal offense and can lead to jail time.
Learn more at the Minnesota Judicial Branch – Orders for Protection.
Why You Need a Domestic Violence Defense Attorney
A conviction for domestic assault in Minnesota can result in:
- Jail time
- Fines
- A permanent criminal record
- Loss of gun rights
- Immigration consequences
- Damage to your personal and professional life
At Martine Law, we:
- Investigate the evidence thoroughly
- Cross-examine witnesses
- Negotiate favorable plea deals
- Represent you confidently in court
- Work to protect your rights and freedom
If you or someone you love has been accused of domestic violence, contact us immediately.
Schedule a confidential consultation now.
Final Thoughts
While it is possible for domestic violence charges to be dropped in Minnesota, it is ultimately up to the prosecutor, not the victim. The state takes these cases very seriously, and even minor incidents can result in severe consequences.