One of the most common questions in domestic violence (DV) cases is whether the charges will be dropped if the alleged victim decides they no longer want to move forward. While it might seem logical that the case should end if the person involved doesn’t want to “press charges,” the legal process in Washington State doesn’t work that way.
The State, Not the Victim, Brings Charges
In Kitsap County and Thurston County as well as across Washington State, criminal charges—including domestic violence—are brought by the state, not the individual. Once law enforcement is involved and a police report is filed, the prosecutor’s office reviews the report and decides whether to file charges. If they determine there is probable cause and evidence to proceed, they will file a criminal complaint—regardless of the alleged victim’s wishes.
Assault – Domestic Violence Main Page
Why Doesn’t the Prosecutor Drop the Case?
Prosecutors often continue with domestic violence cases even when the victim asks them not to, for several reasons:
- Public safety concerns: The state has a duty to protect not only the alleged victim, but also the broader community.
- Patterns of abuse: Prosecutors are trained to look for signs of ongoing or escalating abuse. Even if a victim recants, they may believe there is a risk of future harm.
- Fear or coercion: Sometimes victims withdraw their complaints due to pressure from the accused or other personal reasons. Prosecutors are aware of these dynamics and may proceed to ensure justice is served.
Can the Alleged Victim Help the Case?
While the alleged victim cannot “drop” the charges, their cooperation (or lack thereof) can affect how the case is handled. If the victim refuses to testify, changes their story, or tells prosecutors they were mistaken, it may make the case more difficult to prove. However, the prosecutor can subpoena the victim to testify, and failure to appear could result in legal penalties. Additionally, if the defendant or anyone on the defendant’s behalf coerces the victim to not cooperate with the prosecution, those individuals may face criminal charges for witness tampering.
Will the Case Be Dismissed?
Each case is different. Sometimes, if there is not enough evidence without the alleged victim’s testimony—such as no physical injuries, no corroborating witnesses, or no recorded statements—the prosecutor may choose to dismiss the case. However, if there are bodycam recordings, 911 calls, or statements made at the time of the incident, those may be enough to move forward.
Bottom Line
If you’re charged with a domestic violence offense in Washington, it’s critical to understand that the alleged victim’s wishes do not control whether the case proceeds. You need an experienced criminal defense attorney who understands how these cases are handled in your specific jurisdiction and can build the strongest possible defense.
If you have questions about your domestic violence, contact a local criminal defense attorney right away. The sooner you get advice, the better your chances of protecting your rights and future.
Our attorneys are here 7 days a week to help. We handle domestic violence cases in Thurston County, City of Olympia, Tumwater, and Lacey as well as Kitsap County, City of Port Orchard, Bremerton, Poulsbo, Seabeck, Kingston, Bainbridge Island and Silverdale. (360) 792-1000
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Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
