Serving Aurora, Denver Metro & Colorado | 15+ Years of Domestic Violence Defense Experience
One of the most common questions people ask after a domestic violence arrest is whether the alleged victim can drop the charges. Many people assume that if the victim no longer wants to pursue the case, the prosecution will simply dismiss it.
In Colorado, domestic violence cases do not work that way.
Once police make an arrest for a domestic violence offense, the decision to continue the case belongs to the prosecutor, not the alleged victim. Even if the complaining witness later asks for the charges to be dismissed, the district attorney may still move forward with the case.
This surprises many people. Domestic violence incidents often arise from arguments between spouses, partners, or family members. After emotions settle, the parties may want to reconcile or resolve the situation privately. However, Colorado law treats domestic violence cases differently from most other criminal offenses.
Understanding how prosecutors handle domestic violence allegations is critical if you or a loved one is facing these charges. You can learn more about Colorado domestic violence laws and potential defenses on our Domestic Violence Defense Attorney page.
In this article, we will explain:
Whether a victim can drop domestic violence charges in Colorado
Why prosecutors often continue the case anyway
What happens if the victim refuses to cooperate or testify
When domestic violence charges may actually be dismissed
Why a Victim Cannot Drop Domestic Violence Charges in Colorado
Many people assume that domestic violence cases work like private disputes where the alleged victim decides whether the case continues. In reality, criminal cases are prosecuted by the State of Colorado, not by the victim.
When police respond to a domestic violence call, Colorado law requires officers to determine whether there is probable cause that a crime occurred. If officers believe a domestic violence offense occurred, they must usually make an arrest.
Once an arrest happens, the case is referred to the district attorney’s office. From that point forward, the prosecutor decides whether to:
File charges
Continue prosecution
Offer plea agreements
Dismiss the case
Even if the alleged victim asks for the charges to be dropped, the prosecutor can still move forward with the case.
This is because Colorado law treats domestic violence as a public safety issue, not simply a dispute between two individuals.
You can learn more about how these cases are prosecuted on our Domestic Violence Defense Attorney page.
Why Prosecutors Often Continue Domestic Violence Cases
Prosecutors frequently continue domestic violence cases even when the alleged victim asks that the charges be dismissed.
One reason is that domestic violence allegations often involve changing statements or recanting witnesses. Prosecutors are trained to expect that some victims may later minimize the incident or ask that the case be dropped.
Colorado also has a specific domestic violence sentencing law (C.R.S. 18-6-800.3). Under this law, domestic violence is considered a sentence enhancer that requires courts to impose additional conditions such as treatment and monitoring.
For information concerning treatment, see our Domestic Violence treatment page.
Because of these laws, prosecutors often pursue domestic violence charges even when the alleged victim does not want the case to continue.
What Happens if the Victim Wants the Case Dropped?
If the alleged victim wants the charges dismissed, they can inform the prosecutor or the victim advocate assigned to the case.
Victim advocates work within the prosecutor’s office and help communicate the victim’s wishes to the district attorney. While the prosecutor will consider the victim’s position, the victim does not have the legal authority to dismiss the case.
Instead, the prosecutor may evaluate factors such as:
The seriousness of the alleged conduct
Whether there were injuries
Statements made to police
Evidence captured on body camera or 911 recordings
The defendant’s criminal history
Based on these factors, the prosecutor will decide whether the case should proceed.
What Happens if the Victim Refuses to Testify?
Another common situation occurs when the alleged victim decides not to cooperate with the prosecution.
If the case proceeds to trial, prosecutors can subpoena the witness to appear in court. A subpoena is a court order requiring a person to testify.
Even if the victim does not want to participate, the prosecution may still attempt to prove the case using other evidence, such as:
911 recordings
Body camera footage
Statements made to police officers
Photographs of injuries or property damage
Medical records
Testimony from other witnesses
In some cases, prosecutors attempt to introduce prior statements under certain exceptions to the hearsay rule.
Because of this, a domestic violence case does not automatically disappear simply because the alleged victim does not want to testify.
When Domestic Violence Charges May Be Dismissed
Although the victim cannot drop the charges, domestic violence cases can still be dismissed under certain circumstances.
For example, prosecutors may dismiss charges if:
The evidence is insufficient
Witness statements are inconsistent
Police reports are incomplete or unreliable
The alleged incident appears accidental
The defendant acted in self-defense
An experienced defense attorney may also identify constitutional violations, evidentiary problems, or investigative errors that weaken the prosecution’s case.
Because each case is unique, it is important to have a lawyer carefully review the evidence and develop a defense strategy.
Recommended FAQs
Can a victim drop domestic violence charges in Colorado?
No. In Colorado, once police make an arrest, the decision to prosecute belongs to the district attorney, not the alleged victim.
What happens if the victim says they don’t want to press charges?
The prosecutor may still continue the case using other evidence such as witness statements, 911 recordings, and police reports.
Can domestic violence charges be dismissed?
Yes. Charges may be dismissed if prosecutors lack sufficient evidence or if the defense successfully challenges the allegations.
Why This Matters Even If the Victim Wants to Drop Charges
A domestic violence arrest can have serious consequences, even if the alleged victim does not want the case to move forward. Because prosecutors—not the alleged victim—control the case, charges often continue and can result in:
- Protective orders
- Mandatory domestic violence treatment
- Firearm restrictions
- Jail or probation
- Lasting impacts on employment and housing
Speak With a Domestic Violence Attorney in Aurora or the Denver Metro Area
If you are dealing with a domestic violence case, local court practices and prosecutors can significantly affect how the case is handled. The Lawrence Law Firm represents clients across the Denver metro area, including:
- Aurora domestic violence defense attorney
- Arapahoe County domestic violence defense
- Adams County domestic violence defense attorney
- Jefferson County domestic violence defense attorney
- Denver domestic violence attorney
- Douglas domestic violence defense
We offer free consultations, flat-fee representation, and payment plans when appropriate.
If you or a loved one has been arrested—even in a situation where the alleged victim wants the charges dropped—speaking with an experienced attorney early can make a difference.
Request a consultation with a Colorado domestic violence defense attorney today.
