Jones Criminal Defense Attorneys | January 30, 2026 | Domestic Violence
Domestic violence cases often involve complex emotional and legal issues. One common point of confusion arises when a victim does not want to press charges against the alleged offender. Many people assume that without the victim’s cooperation, the case simply ends. In reality, the legal process does not always work that way.
Understanding who controls charging decisions and what can happen when a victim chooses not to participate can help clarify what to expect in these situations.
Who Decides Whether Charges Are Filed?
A common misconception is that a victim “presses charges.” In criminal cases, including domestic violence cases, that decision does not belong to the victim.
Instead, the decision to file charges is typically made by:
- Law enforcement, which investigates the incident and submits reports
- The prosecutor, who reviews the evidence and determines whether to pursue criminal charges on behalf of the state
While a victim’s wishes are often taken into account, prosecutors are not legally required to follow them. Domestic abuse is treated as a crime against the state, not just a private dispute between two individuals. As a result, charges may be filed even if the victim asks that no action be taken.
Reasons a Victim May Not Want To Proceed
There are many valid and understandable reasons why a victim may choose not to move forward with a domestic violence case. These reasons are often rooted in safety concerns and personal circumstances rather than a lack of credibility.
Common reasons include:
- Fear of retaliation or escalation of violence
- Financial dependence on the accused
- Concern about shared children or family stability
- Emotional attachment or hope for reconciliation
- Pressure from the accused or others to drop the matter
- Desire to avoid court involvement or public exposure
These factors can make participation in a criminal case feel overwhelming, even when abuse has occurred.
Can a Case Continue Without the Victim’s Cooperation?
In some cases, prosecutors can and do move forward without the victim’s cooperation. This is more likely when there is strong independent evidence that supports the allegations.
Evidence that may allow a case to proceed includes:
- 911 call recordings
- Police body camera footage
- Photographs of injuries or property damage
- Medical records
- Statements from witnesses
- Prior incident reports or documented history
Some jurisdictions have policies encouraging prosecution even without victim testimony, particularly in cases involving serious injuries or repeat allegations.
What Happens When a Victim Refuses to Participate?
When a victim refuses to cooperate, the case may become more difficult to prove, but it does not automatically end. The outcome depends on the strength of the remaining evidence and the prosecutor’s assessment of the case.
Possible outcomes include:
- The case moves forward without victim testimony, relying on other evidence
- Charges are reduced to reflect evidentiary challenges
- The case is dismissed if prosecutors determine they cannot meet the burden of proof
In some situations, a victim may be subpoenaed to testify. Ignoring a subpoena can have legal consequences, even if the victim does not want the case to proceed. That said, prosecutors often weigh the practical and ethical considerations before forcing participation.
Protective Orders and Legal Restrictions
Protective orders, including no-contact orders, are common in domestic violence cases and may be issued regardless of the victim’s wishes.
Key points to understand include:
- A protective order can prohibit contact even if the victim wants communication
- Only the court can modify or lift a protective order
- Violating a protective order can result in additional criminal charges
- These orders are intended to protect safety, not to punish the victim
Even when both parties want contact to resume, ignoring a court order can create serious legal consequences for the accused.
Contact Jones Criminal Defense Attorneys to Speak With an Albuquerque Domestic Violence Attorney Today
Domestic violence cases can move forward even when a victim does not want to press charges, making the legal process confusing and stressful for everyone involved. If you are facing domestic violence allegations in Albuquerque, New Mexico, it is important to understand your rights and the potential consequences. Jones Criminal Defense Attorneys can help.
Contact us today to schedule a free consultation with an Albuquerque domestic violence lawyer who can review your situation and help you understand your legal options.
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