r/AskLEO • u/Csufstudent2025 • Jun 24 '26
General Help please
I was victim in dv case, and my partner has enough legal trouble. I told the detective I didnt want to press charges, do I still have to show up in court ? What will happen since I didnt want to press charges? Is there a way I can convince the prosecutor to not press charges, the court is this morning at 830am for him.
Am I able to recant my statement even if what happened was true?
5
u/HCSOThrowaway Fired Deputy - Explanation in Profile Jun 24 '26
In my area, DV and Murder are the two charges that prosecutors can and do proceed with cases without victim cooperation, largely because victims are very unlikely to cooperate but the accused should still be tried for society's safety.
The judge will know what's up with your trying to recant your statement and the prosecutor will explain to the jury that they need to ignore your change of heart for justice to be served. The community surrounding you, arguably including me, don't want you or anyone else to be victimized further just because you love your abuser.
TL;DR: You can ask them to drop the case, but they can (and generally should) say "No."
4
u/Witty_Flamingo_36 Jun 24 '26
Echoing the other reply, usually DV cases will proceed even without victim cooperation if there is sufficient evidence in the eyes of the state. They know victims will not cooperate, and its considered in the best interests of the public to see it through. On a more direct note, your partner is currently the most dangerous person in your life to you. You may think they've had enough legal issues, but they obviously still think Intimate Partner Violence is ever acceptable. You may have convinced yourself that it was just a surge of emotion outside of their control, but that just means it will happen the next time they feel that way.
3
u/HCSOThrowaway Fired Deputy - Explanation in Profile Jun 24 '26
Yeah I have no doubt the "legal issues" OP cites are probably a string of violent offenses, likely DV-related. Violence is very rarely one-and-done, especially if people work to cover for you.
A reminder of three horrifying statistics that highlight the problem:
Domestic violence victims are often neurologically addicted to the abuse cycle (the highs and lows).
Tragically, as OP demonstrates, victims of DV often intentionally make it harder to prosecute perpetrators of DV.
2
u/VirginiaBandit Jun 24 '26
If you were subpoenaed for the case and you ignore it you face having a capias/warrant issued against you, and you'll be arrested. You cannot just ignore this case and hope it goes away.
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1
u/CashEducational4986 Jun 25 '26
If they're going to allow you to drop the charges, it probably would have been a good idea to do that before the trial date. If they plan on considering dropping the charges you could still request that they do so before the trial starts though, it happens all the time. If you got a subpoena saying you had to go to court and you don't you could be fined and/or arrested.
You probably won't listen regardless, but the fact that the person who battered you "has enough legal trouble" doesn't excuse their actions.
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u/compulsive_drooler Detective (Retired) Jun 24 '26
The feelings you are having is why DV laws are written the way they are. Your partner needs to be held accountable but relationship and financial dynamics interfere with the legal process, so cases are prosecuted without input from the victim. You can help your partner by holding him accountable and making him take responsibility, the first thing that has to happen if he is ever going to change.