How can I get domestic violence charges dropped in California?

California domestic violence laws make it a crime to harm or threaten to harm, an intimate partner.

If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped:

1. gain the support of the prosecutor,
2. request a copy of the police report,
3. prepare a true account of details, and
4. contact an experienced domestic violence attorney.

Please note that it is often challenging to drop DV charges in California. This is mainly because it is up to the prosecutor whether the charges get dropped. And many of the State’s prosecuting agencies have adopted a “no drop” policy when it comes to DV charges.

1. How can I get California domestic violence charges dropped?

There are four main ways a DV defendant can try to convince a prosecutor to drop the charges. These are:

1. gain the support of the prosecutor. Contrary to popular belief, the prosecutor, not the victim, determines whether to drop a California DV charge. This means it is in a defendant’s best interests to find ways to persuade the prosecutor that a dropped charge would be favorable to all parties and the State.
2. Request a copy of the police report. The police report will provide much of the evidence that forms the basis for the particular charge in a domestic violence case. Access to this evidence will help an accused defend against charges. If strong enough, a defense could lead to a dropped charge.
3. Prepare a true account of details. After looking at the police report, it may appear that a DV charge is based upon false allegations. If so, a defendant should put together an accurate account of events and facts and provide the same to the prosecutor.
4. Contact an experienced domestic violence attorney.

This last piece of advice is often the most valuable. A knowledgeable DV attorney can be critical in getting a charge dropped because he/she can:

• try to directly persuade a prosecutor to drop a charge,
• cast doubt on an accuser,
• highlight conflicting evidence, and
• provide a reality check on the potential success of bringing a charge.

2. Is it difficult to get a domestic violence charge dropped?

Yes. It is often hard to get a DV charge dropped in California. This is because prosecutors ultimately decide whether a charge gets filed or dropped. And, many prosecuting agencies have adopted a “no drop” policy when it comes to DV charges.

There are two reasons for the policy. The first is that it sends the important message that domestic violence charges are of significant concern, and they should be addressed seriously and aggressively.

The second reason pertains to the general assumption that DV victims will later change their story about what happened out of fear of the abuser. This means a prosecutor may frown upon a dropped charge, even if the accuser decides to change her story later, because the change is likely more due to fear rather than the truth of what happened.

3. How does California law define “domestic violence”?

California Penal Code 13700 defines “domestic violence” as “abuse” committed against an “intimate partner.” ¹

A person commits “abuse” when he or she intentionally or recklessly uses or threatens the use of physical force against an intimate partner.²

For purposes of this statute, an “intimate partner” is defined as:

• a current or former spouse,
• a current or former registered domestic partner,³
• a current or former fiancé(e),
• a current or former live-in romantic partner (a “cohabitant”),⁴
• a person with whom the accused has, or has had, a child, or
• someone the accused is seriously dating or was in a dating relationship with in the past.⁵

Common crimes of “domestic violence” in California include:

• battery,
• abuse,
• threats, and
• neglect.

Some of these offenses are misdemeanors. Others are felonies.

Legal References: