What should happen if an aleged victim in a domestic violence case files out a non prosicution form?
3 Answers from Attorneys
I have not heard of a non prosecution form. But such a form may be used by the District Attorney in your county. Legally the prosecutor does not have to comply with the wishes of the victim. If the victim refuses to testify the district attorney needs to determine whether she/he thinks that he/she can get a conviction without the testimony of the victim. Then the DA can prosecute even without the approval of the victim. The question of whether the DA can get a conviction without the victim's testimony is a complex one. For the answer you should have a face to face conversation with an experienced criminal defense attorney and show him/her the police report.
California doesn't use nolle prosequi. It is up to the district attorney whether or not to dismiss charges, not the victim.
When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of ‘mistake’ or ‘misunderstanding’ about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
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