Introduction
Being charged with domestic violence in North Carolina is a serious legal matter. One of the most common questions asked in these cases is: Can the victim drop the charges?
While many believe that domestic violence charges can be dropped if the alleged victim chooses to do so, the truth is more complex. In North Carolina, once charges are filed, it is up to the state prosecutor—not the victim—to decide whether the case moves forward or not.
In this blog, we’ll break down how domestic violence charges are handled in North Carolina, what factors influence a prosecutor’s decision to dismiss a case, and how a defense attorney can help protect your rights.
Who Presses Charges in a Domestic Violence Case?
In North Carolina, criminal charges—including those involving domestic violence—are brought by the State of North Carolina, not by the individual who reported the incident.
This means:
- The district attorney decides whether to pursue or drop the charges
- The alleged victim cannot unilaterally drop the case
- Even if the victim changes their story or recants, the prosecution may still go forward
This system is designed to prevent manipulation, coercion, or fear from influencing whether justice is served.
Why Would the Prosecutor Continue the Case Without Victim Cooperation?
The state may decide to continue prosecuting a case even if the victim:
- Asks to drop the charges
- Refuses to testify
- Says the incident didn’t happen
Prosecutors may still proceed if:
- There is physical evidence (e.g., bruises, injuries)
- There are 911 recordings or video footage
- There are independent witnesses
- The accused has a prior history of domestic violence
The prosecution’s duty is to protect public safety and prevent further harm—not just respond to individual requests.
Learn more about domestic violence cases from North Carolina Judicial Branch.
Can a Victim Refuse to Testify?
In most cases, victims are subpoenaed to appear in court and may be compelled to testify. If the victim refuses, they could be held in contempt of court.
However, there are situations where the victim may:
- Assert their Fifth Amendment right against self-incrimination (in limited cases)
- Be deemed unavailable, allowing hearsay exceptions
- Provide a statement that the defense can challenge in cross-examination
If the victim is uncooperative, the prosecutor may weigh whether the remaining evidence is sufficient for trial.
Can Domestic Violence Charges Be Dropped?
Yes, domestic violence charges can be dropped, but only by the prosecutor, and usually under certain conditions such as:
- The victim provides a written affidavit requesting dismissal
- There is insufficient evidence to proceed
- The alleged incident was misreported or exaggerated
- The accused successfully completes a diversion program
It’s more common for charges to be dropped in first-time offenses or when there is a lack of independent evidence.
At Martine Law, we advocate on behalf of our clients to present a full picture to the court, including character references, lack of intent, or mitigating circumstances.
What Is a Dismissal Affidavit?
A Dismissal Affidavit is a sworn statement made by the victim asking the court to drop the charges. While it’s an important document, it is not binding—meaning the district attorney can still proceed if they believe it is in the interest of justice.
The affidavit may state that:
- The incident was a misunderstanding
- The accused has no prior record
- The victim no longer feels threatened
- Both parties wish to move forward peacefully
This document can be helpful in negotiating with the prosecutor for a dismissal or reduced charge.
Role of a Defense Attorney in Getting Charges Dropped
A defense attorney plays a critical role in domestic violence cases by:
- Reviewing evidence and identifying legal weaknesses
- Challenging improper police conduct or lack of probable cause
- Negotiating with the district attorney for case dismissal
- Facilitating victim affidavits if appropriate
- Helping the accused enroll in counseling or anger management, if applicable
An attorney can also represent you in hearings for protective orders, which are often filed alongside criminal charges.
What If There Is a No-Contact Order?
Many domestic violence cases include an emergency protective order or no-contact condition. Even if the victim wants the case dropped, the accused must strictly obey these court orders.
Violating a no-contact order can result in:
- New criminal charges
- Jail time
- Harsher penalties during sentencing
Always consult your attorney before attempting any communication with the protected person.
Explore your rights: LawHelpNC – Domestic Violence
Can Charges Be Expunged Later?
In North Carolina, if domestic violence charges are dismissed or you are found not guilty, you may qualify for expungement. This legal process removes the charge from your criminal record, which can help protect your future employment and housing opportunities.
To file for expungement, you must:
- Wait the required time period
- File the correct paperwork
- Pay the applicable fee (if any)
Your attorney can guide you through this process.
What to Do If You’ve Been Charged
If you are facing domestic violence charges in North Carolina:
- Do not contact the alleged victim
- Hire a qualified criminal defense lawyer
- Follow all court orders strictly
- Attend all hearings and comply with bail terms
- Begin preparing your legal defense immediately
At Martine Law, we handle these cases with discretion, urgency, and a commitment to your rights.
Contact Martine Law Today
Domestic violence charges are life-altering. Even if the alleged victim wants the case dropped, the prosecution controls the outcome. With the right legal strategy, however, you may be able to reduce the charges, seek dismissal, or protect your reputation in court.
Reach out to Martine Law for an honest evaluation and a plan tailored to your situation.