Can domestic violence charges be dropped in Florida?

Domestic violence charges are serious and carry significant legal consequences. In Florida, once officials file charges for domestic violence, the decision to continue with the prosecution or to drop the charges primarily rests with the prosecutor, not the victim. Here are key points to understand about this process:

• Prosecutorial discretion: The state attorney's office generally has the discretion to prosecute a case as they see fit based on the evidence available.
• Victim's wishes: While the victim's wishes regarding prosecution can be influential, they do not have the final say. Prosecutors may decide to proceed with the case even if the victim wants to drop the charges.

This process aims to reduce the risk of an individual accused of violating this law using pressure to coerce the victim into retracting their statements. Although beneficial for an alleged victim, this process makes it very difficult to make changes in the event of false allegations of wrongdoing.

Legal considerations and defense

If you face allegations of domestic abuse, know that you are not alone. Over 60,000 individuals were arrested as a result of allegations of domestic abuse in Florida in 2020 alone. Those facing these allegations can benefit from a basic understanding of the legal avenues and potential defenses. Considerations that might impact the case can include:

• Insufficient evidence: If the evidence does not meet the required legal standards, the prosecution may drop the charges.
• Self-defense: Demonstrating that the accused was acting in self-defense could lead to the prosecution dropping the charges, if proven effectively.

It is important to take the charges seriously, as a conviction can come with serious penalties including fines and imprisonment.