Domestic Violence Charges in Prince William County: Can They Be Dropped if the Alleged Victim Doesn’t Testify?

Facing domestic violence charges in Prince William County or elsewhere in Northern Virginia is always a scary and confusing experience, especially when the person who filed the charges no longer wants to be involved. If you’ve found yourself in this situation, you’re likely asking: “If the alleged victim won’t testify, will the charges be dropped?” Unfortunately, it’s not quite that simple. The short answer to your question is—it depends.

In Virginia, domestic violence charges are in the hands of the Commonwealth’s Attorney, not the alleged victim. Once the charges are filed, the alleged victim no longer has control over whether the Commonwealth decides to press charges or drop the case. Read on to learn more about the evidence needed to prosecute a domestic violence case and how a knowledgeable domestic violence lawyer can help.

What Is Considered Domestic Violence in Virginia?

In Virginia, domestic violence cases are most often charged under Va. Code § 18.2-57.2, which makes it a crime to assault and strike a family or household member. Family or household members can include:

• Spouses and ex-spouses, even if they don’t live together
• Parents, children, and in-laws 
• Cohabitants within the previous 12 months and individuals who share a child in common, even if they don’t live together

Domestic violence in Virginia often involves:

• Allegations of physical abuse or attempted abuse
• Intimidation or threats of harm
• Violations of protective orders

Convictions for domestic violence in Virginia are usually classed as Class 1 misdemeanors. Punishments can include:

• Up to 12 months in jail and/or up to a $2,500 fine
• Protective orders
• Loss of firearm rights
• Counseling or anger management classes

In cases where the accused has previous convictions or if the event was considered especially violent, the Commonwealth may pursue a felony domestic violence charge.

Can the Alleged Victim “Drop the Charges?”

Another common misconception in a domestic violence case is that the alleged victim has the power to “press” or “drop” charges against an abuser. However, in Virginia, once the police arrest someone and file charges, the prosecutor, not the alleged victim, gets to decide if a case should be prosecuted.

Simply put, this means that, even if the alleged victim changes their mind and doesn’t want to testify, recants their original statement, confesses they lied or exaggerated their story, and/or expresses a desire to reconcile with the accused, the Commonwealth’s Attorney may still move forward with the prosecution without their cooperation.

Why Would the Prosecutor Move Forward Without the Victim?

The Commonwealth’s Attorney may decide to pursue a domestic violence case even if the alleged victim will not be testifying if there is independent evidence to support the charge, such as:

• 911 call recordings
• Bodycam footage from responding officers
• Photographs of injuries
• Statements the alleged victim made at the time of the incident
• Testimony from other witnesses
• The alleged victim is being intimidated, is too afraid to testify, or is otherwise trying to withdraw from the case
• The accused has prior convictions for domestic violence
• A protective order was issued and violated

Prosecutors are usually trained to believe that in domestic violence cases, the victim will recant out of fear or coercion by the defendant, other family members, or financial dependence. For that reason, the prosecutor may view an uncooperative victim with suspicion and instead proceed with the case using other evidence.

What Happens If the Alleged Victim Refuses to Testify?

In Virginia, the alleged victim can be subpoenaed and ordered to appear in court and testify. If they fail to comply with a subpoena, they may be charged with contempt of court and face fines or even imprisonment. Still, a prosecutor may not want to punish the alleged victim. You should be aware that if the victim appears in court and refuses to answer questions, they can invoke their Fifth Amendment right to remain silent—but only if they are at risk of incriminating themselves (such as if they lied to the police in the original report).

If the alleged victim doesn’t show up and the prosecutor does not have other strong evidence, the case may have to be dismissed for lack of proof.

What Is “Hearsay,” and Why Does It Matter?

In most domestic violence cases, the alleged victim’s initial statement to police is the most substantial evidence the Commonwealth possesses. However, if that person doesn’t testify in court, that out-of-court statement could be classified as hearsay, which is not admissible as evidence unless it falls under a hearsay exception.

Possible hearsay exceptions include:

• Excited utterance (a statement made spontaneously during a stressful event)
• Statement for purposes of medical treatment
• Dying declaration

If the alleged victim’s statement is inadmissible hearsay, and no other strong evidence exists, the case could not go forward without the alleged victim’s testimony.

Can a Prince William County Domestic Violence Lawyer Get the Case Dismissed?

Yes. An experienced domestic violence attorney can:

• Evaluate the strength of the prosecution’s case
• Challenge the hearsay or admissibility of improperly obtained statements
• Advocate for the victim’s silence and how it affects the case
• Negotiate with the prosecutor for a reduction or dismissal of the charges
• Prepare for trial, including identifying contradictions and a lack of corroboration in the Commonwealth’s evidence

Your lawyer may encourage the alleged victim to contact a separate attorney to understand their rights. This may be especially valuable in cases when the victim wants to recant, clarify prior statements, or invoke the 5th amendment right to remain silent.

The Alleged Victim’s Silence Isn’t the End of the Case – Speak to a Knowledgeable Attorney Today

If you’re charged with domestic violence in Prince William or elsewhere in Northern Virginia and the alleged victim no longer wants to be involved, the case may not automatically be dropped like you might expect. Every case is unique, and your strategy will depend on the facts of your case, whether the victim will testify, and the strength of the prosecutor’s evidence. 

Facing domestic violence charges can be an incredibly stressful experience. Contact a skilled domestic violence defense attorney to start building your defense immediately.