DAPick up a domestic violence case but my wife didnt press charges

My wife didnt press charges for
domestic violence an no
witnesses only a police report
an no pic of assult so im going
to pre trial an my wife not
going to show can i get a
dismissed case

Asked on April 22, 2016 under Criminal Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is possible for the DA to pick up a domestic violence case even the victim does not want to press charges.  The decision to proceed or not proceed is up to the DA, not your wife.  Often, a victim's testimony is necessary to press charges.  However, cases can be made without the testimony of the victim.  Do not assume that your charges will go away just because your wife does not show for pre-trial.  Instead, make sure that you have proper representation to insure your right to confrontation to any evidence or witnesses is properly protected and raised.

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