Domestic violence charges are taken seriously. Police often arrest when there is evidence of violence, and the case can continue even if the victim does not want to proceed.
How cases proceed
Prosecutors, not victims, decide whether to bring charges. Many places have policies that encourage or require arrest and prosecution when there is evidence. Courts often issue no-contact orders quickly, and violating one is a separate offense.
If you are accused
- Do not contact the alleged victim if there is a no-contact order, even if they contact you.
- Do not discuss the case with police without a lawyer.
- Follow all release conditions.
- Gather evidence such as messages, photos and witness names.
- Speak with a criminal defense lawyer immediately.
If you are a victim
- Call 911 if you are in danger.
- Document injuries and keep messages and records.
- Seek a protective order.
- Contact the National Domestic Violence Hotline at 1-800-799-7233 for confidential support and safety planning.
- Ask the prosecutor about victim services.
Consequences
A conviction can lead to jail, probation, counseling, firearm restrictions and effects on custody and immigration. See our guide to restraining orders for the civil side.
Frequently asked questions
Can the victim drop the charges?
Not on their own. The prosecutor decides, though the victim's wishes may matter.
Does the law cover non-married partners?
Many laws apply to partners, family and household members.