When spouses or partners are involved in a domestic violence situation, it’s not uncommon for the victim to later backtrack and change their mind about pressing charges against their assaulter. A domestic violence incident can trigger a series of legal actions that the victim may not be able to control. However, once they’ve contacted the police or a domestic violence hotline and reported the abuse, they no longer have the power to drop criminal charges. In Pennsylvania, the District Attorney decides whether to bring or drop criminal charges for domestic violence, not the victim.
If you or a loved one have suffered abuse in a domestic violence situation, keep reading to learn all you need to know as the victim and what to expect as the proceedings move forward.
Can a Victim Drop Charges for Domestic Abuse in PA? No.
Domestic violence victims may be the first to initiate a call to law enforcement for protection from their abuser, but they are not the party who charges the defendant; that responsibility lies with the district attorney’s office. Instead, the charge is brought by the Commonwealth of Pennsylvania, specifically the District Attorney’s office.
The prosecutor is the one who determines whether to go forward in the case against the defendant. Consequently, the victim has no authority to drop charges against a suspected abuser because only law enforcement authorities can bring criminal charges. The process of dropping charges is complex and ultimately controlled by the district attorney, not the victim.
Most Pennsylvania districts reserve severe penalties for domestic violence charges. Local governments typically share the opinion that abuse will gradually worsen. Frequently, those implicated in the domestic abuse case are not in the best condition to determine sensible next steps because of financial stresses, brief reconciliations, and other fears exerted by their abusers.
How Are Domestic Violence Charges Brought Forward in Pennsylvania?
In most domestic violence cases, a criminal charge is initiated when the police are called. In some instances, law enforcement can encounter a domestic abuse situation without first being contacted. In most Pennsylvania domestic violence cases, the case begins when the victim reports the abuse to the police. After that initial call, the police show up and investigate the scene.
In Pennsylvania, police officers are given the power to arrest at the scene for domestic violence per 18 Pa. Cons. Stat. § 2711. While police do not have to witness the domestic abuse, they do need some form of corroborating evidence of the abuse. If law enforcement reasonably believes that domestic violence occurred, it is perfectly within their authority to make an arrest. It is not up to the victim whether the abuser gets arrested—it’s up to the police.
At that point, the case falls in the District Attorney’s hands. However, if the District Attorney chooses not to press charges, the defendant is free to go. While the prosecution may request the victim’s opinion of whether they wish to press charges, it is ultimately decided by the District Attorney.
What Happens When Domestic Violence Charges Are Filed?
When domestic violence charges are filed, the alleged abuser is typically arrested and taken into custody by a police officer. The officer will read the alleged abuser their rights and transport them to the police station for booking. Following this, the alleged abuser will remain in jail until they can appear before a judge for a preliminary hearing.
During the preliminary hearing, the judge will assess whether there is sufficient evidence to proceed with the case. If the judge determines that the evidence is adequate, the case will be sent to trial. Conversely, if the evidence is deemed insufficient, the case will be dismissed.
If the case proceeds to trial, the alleged abuser will have the opportunity to present their defense. The prosecution will introduce evidence and call witnesses to establish that the alleged abuser committed the crime of domestic violence. If found guilty, the alleged abuser may face penalties such as fines, imprisonment, and mandatory counseling or anger management classes. The severity of the punishment will depend on the nature of the crime and the alleged abuser’s prior criminal history.
What Is the Victim’s Role in a Domestic Violence Case?
Domestic violence victims play various roles as a case against their abusers moves forward. For example, if you’re the victim in a domestic violence case, you may be required to do the following:
- Testify in court against the abuser
- Appear in court for some other purposes
- Retrieve documents or evidence in court
- Explain your opinions to the District Attorney
Additionally, if the judge decides to release the abuser, you may be invited to share your opinion on whether you agree with the release decision.
Seeking Help in a Domestic Violence Case
Facing domestic violence charges can be overwhelming, making it crucial to seek help from an experienced criminal defense lawyer. A skilled lawyer can help you understand the charges against you and the potential penalties and develop a robust defense strategy. They will represent you in court and guide you through the legal process, ensuring your rights are protected at every stage.
In addition to legal representation, emotional support is vital. Domestic violence counselors and support groups can provide invaluable assistance, helping you understand the dynamics of domestic violence and offering emotional support. These resources can also help you develop a safety plan and provide guidance on leaving an abusive relationship.
For victims of domestic violence, organizations like the Pennsylvania Coalition Against Domestic Violence (PCADV) offer extensive resources and support. The PCADV provides training and education to law enforcement and other professionals working with domestic violence victims, ensuring a comprehensive support system.
Overall, seeking help in a domestic violence case is essential for both the alleged abuser and the victim. Legal representation from an experienced criminal defense lawyer can help the accused navigate the complexities of the legal process, while support from counselors and support groups can provide the emotional and practical assistance needed to address the impact of domestic violence.
Trying to Drop Charges for Domestic Violence in PA? Consult an Experienced Criminal Defense Lawyer Today!
Any person facing charges for domestic abuse has the right to defend themselves. Whether you’re the alleged victim or abuser in a domestic violence case, do not attempt to do this alone without consulting a skilled criminal defense lawyer who has experience in domestic violence cases.
At Rubin, Glickman, Steinberg & Gifford, P.C., our criminal defense lawyers can help you appropriately question the allegations and dispute the domestic violence charges. There are numerous defense strategies to accusations of domestic violence, and our attorneys are prepared to help you build an effective legal defense that suits your case.
For more than 65 years, our criminal defense lawyers have advocated for clients in Montgomery County, Bucks County, and surrounding areas. We understand the complexities of Pennsylvania’s domestic violence laws and can devise a defense strategy to achieve the most favorable results. Schedule your free case review by calling 215-822-7575 or complete our online contact form today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
