One of the first questions we hear after a domestic violence arrest is whether the other person can drop the charges. In California, the answer is no. The decision belongs to the prosecutor, and understanding why changes how a case should be handled.
Who Decides Whether a Case Moves Forward
A domestic violence arrest in Daly City creates a criminal case between the State of California and the accused. The person who called 911 is a witness in that case, not a party to it. The San Mateo County District Attorney reviews the police report and decides whether to file charges, and that office can continue the prosecution even when the alleged victim asks to stop.
This surprises many families. It is also one of the first points a Daly City, CA domestic violence defense lawyer covers, because it shows why a recanted statement or a signed letter rarely ends a case.
Why Recanting Rarely Ends the Case
Prosecutors expect witnesses in these cases to change their accounts, and many offices follow a no-drop policy for that reason. If the alleged victim refuses to testify, the prosecution may rely on the 911 recording, body camera footage, photographs of injuries, or statements made to officers at the scene. Some of those statements are hearsay, and whether they come into evidence is a question a Daly City domestic violence attorney will contest early.
What the Alleged Victim Can and Cannot Do
The complaining witness still has a voice, but that voice has limits.
- They can tell the prosecutor they do not want the case to proceed.
- They can decline to speak with the defense, the prosecution, or investigators.
- They cannot dismiss charges, withdraw a police report, or cancel a criminal protective order on their own.
- They cannot agree to a private settlement that binds the court.
A civil compromise, which can resolve some misdemeanor cases when the complaining witness is made whole, is not available in domestic violence cases under California law.
Criminal Protective Orders Are Separate
At the arraignment, the court will usually issue a criminal protective order. That order stays in place until the judge modifies it, regardless of what the alleged victim wants.
A criminal protective order is also different from a civil domestic violence restraining order, which the alleged victim can request through the family court. The California Courts self-help guide confirms that a person can hold both at the same time.
What a Defense Attorney Can Do Instead
Because the alleged victim cannot end the case, the defense has to give the prosecutor reasons to end it. That work starts with the evidence.
At Morales Law Firm, we examine whether officers followed proper procedure, whether the injuries match the account given, and whether the accused made damaging admissions before being advised of their rights.
Many clients were talking to the police at the scene without realizing those words would become the core of the case against them. A Daly City, CA domestic violence defense lawyer reviews every statement for that reason.
The cost of domestic violence cases reaches well past the courtroom and includes firearm restrictions, immigration consequences, and custody disputes. A dismissal, a reduction, or diversion protects those interests in ways a recanted statement never could.
If you or a family member has been arrested in Daly City, contact a Daly City, CA domestic violence defense lawyer before speaking with anyone else about the case. Christopher F. Morales has defended these charges in San Mateo County courts since 1991, and we’re ready to review the facts and explain your options.
