You're sitting in a Crestview police station after being arrested for domestic violence following an argument at home. Now, your spouse is telling you they regret calling the police and want to drop the charges, but officers have informed you that's not how it works in Florida.
At Flaherty & Merrifield, our Crestview domestic violence lawyers regularly work with clients who are surprised to learn that the alleged victim doesn't have the power to simply "drop" domestic violence charges. In Florida, it's ultimately the prosecutor's decision whether to pursue these cases, regardless of the victim's wishes.
Victims Can't Drop Domestic Violence Charges in Florida
Domestic violence is defined under Florida Statute 741.28 as any assault, battery, or other criminal offense resulting in physical injury committed by one family or household member against another. The decision to pursue criminal charges rests entirely with the State Attorney's Office, not with the alleged victim.
Prosecutor's Role in Domestic Violence Cases
Prosecutors represent the State of Florida, not the alleged victim. When someone is arrested for domestic violence in Okaloosa County, the case becomes "State of Florida vs. Defendant" and not "Victim vs. Defendant." In this way, the State of Florida is also considered a “victim” of a crime.
The state prosecutor evaluates each case based on the evidence collected. For example, if police documented visible injuries, collected witness statements, or obtained video evidence, the prosecutor may proceed with domestic violence charges regardless of the victim's current wishes.
Timing and Credibility of Victim Recantation
When an alleged victim withdraws their accusation, it can dramatically impact a domestic violence case. However, it doesn't guarantee that the domestic violence charge will be dismissed. The effectiveness of a recantation depends on timing, credibility, and consistency with other evidence.
For example, if your spouse tells responding officers at your Crestview home that they exaggerated the situation before you're even processed at the station, this early correction might be viewed more favorably than a recantation weeks later.
No-Drop Policies in Florida Jurisdictions
Many Florida jurisdictions, including Okaloosa County, have adopted "no-drop" policies for domestic violence cases. These policies direct prosecutors to pursue charges when sufficient evidence exists, even if the alleged victim recants their initial statement or explicitly requests the charges be dropped.
Evidence That Helps Drop Domestic Violence Charges
While victims cannot unilaterally drop charges, certain evidence can persuade prosecutors to dismiss a case.
Lack of Physical Evidence
If your spouse claimed you struck them, but medical reports show no injuries consistent with that allegation, this creates reasonable doubt. Similarly, if physical evidence contradicts the alleged victim's account, prosecutors might reconsider the case.
Witness Statements
The state must prove beyond a reasonable doubt that a crime was committed and that the defendant is the person who committed that crime. To establish these two critical facts, they need witness testimony. If the alleged victim refuses to testify and there are no other witnesses, the prosecution's case may collapse.
Independent witnesses who observed the interaction can also provide powerful evidence for your defense. If a neighbor who witnessed your argument confirms that no physical altercation took place, this testimony could significantly strengthen your case.
Video, Audio, and Digital Evidence
Security footage from home cameras might show that the alleged incident never occurred as described. Text messages, emails, and social media activity can provide context that contradicts the allegations. If your home security system captured the entire interaction showing no physical altercation occurred, this could prompt the prosecutor to dismiss the case.
How a Crestview Domestic Violence Lawyer Defends Your Rights
When you hire our experienced Florida criminal defense lawyer, we will work tirelessly to develop a compelling defense strategy for your case. A thorough investigation can uncover evidence that creates powerful opportunities for case dismissal:
- Timeline contradictions. If receipts show you were at the grocery store when the alleged assault occurred at your home, this creates a strong alibi.
- Physical impossibilities. If your spouse claims you threw them across a room, but you have a documented back injury that would make such an action impossible, this contradiction helps your case.
- Evidence of other motives. If your defense team discovers communications where your spouse discussed using false domestic violence allegations to gain advantage in divorce proceedings, this could lead to dismissal.
What to Do When Facing Florida Domestic Violence Charges
If you've been arrested for domestic violence in Crestview or elsewhere in Okaloosa County, follow these steps to improve your chances of a positive outcome:
- Comply with all court orders, including no-contact orders.
- Be completely honest with your lawyer about all aspects of your case.
- Document any recantation by the alleged victim through your attorney.
- Avoid discussing your case with anyone except your lawyer.
- Consider whether anger management courses might strengthen your position with the prosecutor.
We understand the nuances of these cases in Okaloosa County courts and can help you build the strongest possible defense strategy tailored to your specific situation.
