Contrary to popular belief, the prosecutor, not the victim, determines whether to file or drop California domestic violence charges. Many California prosecuting agencies go so far as to subscribe to a “no drop” policy. This means that even if the victim doesn’t want to “press charges,” the prosecutor will not drop the case.
1. What is the reason for a no-drop policy?
There are two main reasons why prosecutors follow a no-drop protocol. The first is purely political. Due mainly to the O.J. Simpson murders trial, this state has vowed to take an aggressive stance on domestic violence charges.
The second has to do with a common phenomenon known as the recanting victim. “Recanting victims” are alleged victims of domestic abuse who change their stories once charges are officially filed.
The fact is that many victims initiate false spousal abuse charges and then decide they want to come clean. Unfortunately, by then, it’s too late.
Prosecutors and the “no drop” policy often proceed on the incorrect assumption that the original report is true and that the victim is only changing her mind because:
- the victim is scared of the abuse he/she will face after testifying, and
- he/she doesn’t want to lose her financial support.
Because of this policy, it is a good idea for all parties involved in a domestic abuse case to consult with a skilled California domestic violence lawyer who knows the most effective ways to reconcile spousal battery cases before they get out of hand. (The law is similar in Nevada: Read our article, “Can a recanting victim stop a battery domestic violence criminal charge in Nevada?“)
2. What are the consequences of a California domestic violence conviction?
In addition to punishment by a county jail or state prison sentence, the consequences of a California domestic violence conviction can include:
- mandatory minimum jail time,
- mandatory participation in a “batterer’s intervention program” (domestic violence classes),
- payment of fines and/or victim restitution,
- a restraining order (also known as a protective order),
- loss of custody rights,
- loss of California gun rights,
- a permanent criminal record, and
- immigration consequences for non-citizens, such as deportation or inadmissibility to the United States.
