questions & answers

Question: My ex and I had a domestic violence issue where one party assaulted the other and property was destroyed. I declined to press charges at the time (May 2018), and the charges have been dismissed without prejudice since (June 2018). Can I change my mind and still pursue charges against the other party?

Answer: When police officers respond to a domestic violence 911 call, the on-scene officers may determine that charges are appropriate and issue a charge at the scene or send the case to a detective for more investigation. After investigation, the detective may submit the case to the prosecuting agency for review and to determine if criminal charges are appropriate. The prosecuting attorney then reviews the information presented and determines whether criminal charges should be filed. One of the factors in making this determination, is whether the victim in the case will make a statement, agree to testify, work with the prosecuting agency, etc. If that is not the case, it often makes it difficult to move forward with prosecution. If the case has been dismissed without prejudice, and you have changed your mind about cooperating with the prosecuting agency, it is recommended that you contact the prosecuting agency to discuss the matter further. Remember that the prosecuting agency officially brings the charges because domestic violence is a crime. So, it will ultimately be the decision of the prosecutor whether to proceed, or not.