Getting charged with a crime can upset your life, especially when you are charged with a domestic violence offense. You may have to leave your home, avoid the alleged victim, and adapt to criminal charges that can interrupt both of your lives. Many individuals accused of domestic violence wonder: Can the victim drop domestic violence charges? The answer is no. The alleged victim can report an incident, provide evidence, correct inaccurate information, and ask for a particular outcome, but they do not decide whether to drop charges. The prosecutor decides whether to pursue a criminal charge.
That division of authority can leave you facing prosecution even when the alleged victim wants the case to end. At The Law Offices of Susan Deschler, we examine the evidence, its lawful use, and the available defenses. Susan Deschler provides direct, individualized representation grounded in extensive criminal defense experience. If you have been accused of a domestic violence crime, we can help.
How Does a Domestic Violence Report Become a Colorado Criminal Case?
Anyone can submit a domestic violence report or tip to law enforcement. After receiving information that a domestic violence offense may have occurred, officers investigate the alleged incident. Colorado law generally requires an arrest when an officer has probable cause to believe that a person committed an offense involving domestic violence. Probable cause means reasonable grounds to believe an offense occurred.
After the arrest, officers submit their findings to a prosecutor. The prosecutor then applies the evidence to Colorado law and decides whether the People will file charges – meaning it formally accuses you of committing a crime. Colorado generally treats domestic violence as a designation attached to an underlying offense, such as:
- Assault,
- Harassment, or
- Criminal mischief.
When the People believe you committed one of those offenses, it adds a domestic violence designation if the alleged victim currently is or formerly was in an intimate relationship with the alleged perpetrator.
Can an Alleged Victim Dismiss Charges?
Sometimes, criminal charges affect both the lives of the alleged victim and the alleged perpetrator. You may have heard people talk about someone deciding to “press charges,” which begs the question: Can an alleged victim dismiss charges? In short, no. Contrary to popular belief, the victim of a crime does not and cannot decide whether the People pursue criminal charges. The People, by way of the prosecutor, represent the interests of the State of Colorado. They do not represent the alleged victim per se.
What Determines Whether the Prosecutor Will Continue or Dismiss the Case?
To decide whether to pursue criminal prosecution, the prosecutor assesses whether admissible evidence can prove every element of the offense beyond a reasonable doubt. The prosecutor can continue over the alleged victim’s objection when the remaining evidence supports the charges. The decision turns on the strength of the case the prosecution expects to present in court – to either a judge or jury as the trier of fact.
How Can a Defense Attorney Help You Seek Dismissal or Reduced Charges?
Defense counsel begins by learning the accused person’s account and reviewing the charges, police reports, recordings, witness statements, photographs, and other available materials. The attorney then compares the prosecution’s evidence with the elements of the charged offense. This review shows what the state can establish, which facts are disputed, and where additional investigation may help.
The investigation may uncover information that contradicts the accusation, supports a lawful defense, or places the alleged conduct in a different context. After reviewing the facts and law, your attorney may:
- Present information that supports self-defense, accident, mistaken identity, necessity, choice of evils, or another defense;
- Challenge statements or physical evidence that the prosecution cannot lawfully introduce in court;
- Ask the court to resolve evidentiary or constitutional issues; and
- Explain to the prosecutor and judge why the evidence supports dismissal, reduced charges, or a different resolution.
Your attorney explains the consequences and possibilities of each option so the accused can make informed decisions as the case develops.
Defense counsel also helps the accused comply with the mandatory protection order and other release conditions while the case remains pending. The attorney can explain prohibited contact, use lawful channels to address necessary communication, and ask the court to modify an order when the circumstances support that request. Careful compliance protects the accused from additional charges and allows the defense to remain focused on the original case.
Discuss the Charges with a Colorado Domestic Violence Defense Attorney
A Colorado domestic violence case develops through investigation, prosecutorial review, and court proceedings. The charged offense, admissible evidence, available defenses, and protection-order terms shape what happens—not a decision by the alleged victim.
At the Law Offices of Susan Deschler, we provide direct, individualized guidance to help Coloradans defend against criminal charges. Contact us to discuss the evidence, court restrictions, defenses, and possible paths toward reduced or dismissed charges.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
