What Happens When the Victim Doesn’t Want to Press Charges?

You’ve been arrested for domestic violence. However, the alleged victim decides that they don’t want to press charges. Doesn’t that mean that the case will just go away? While that seems logical on the surface, the answer in Nevada is no.

Who Really Presses Charges

Here’s what most people don’t realize: in a domestic violence case, the alleged victim isn’t the one who decides whether to prosecute. The state of Nevada does.

Once officers respond to a domestic violence call, Nevada law says they have to make an arrest if they find probable cause to believe that there was violence. From that point, the case goes to the prosecutor’s office, and it’s the prosecutor, not the alleged victim, who decides whether to move forward with charges.

That means even if the person who called the police later says they were mistaken, don’t want to pursue it, or refuses to cooperate, the state can still go ahead without them.

Why Would Prosecutors Move Forward If the Victim Changes Their Story?

There are two reasons prosecutors might move forward even if the victim decides they want no part of a case:

• Prosecutors know that victims of domestic violence sometimes recant out of fear or pressure. The state can build a case using 911 call recordings, police body camera footage, photos, ER/hospital records, and witness testimony, none of which require the alleged victim to take the stand.
• Nevada has what’s known as a “victimless prosecution” approach in many domestic violence cases, meaning the case can move forward entirely on the physical and circumstantial evidence collected at the scene.

Can the Alleged Victim Be Forced to Testify?

Yes, even if the alleged victim wants nothing to do with the case, a prosecutor can subpoena them to appear in court and testify. Refusing to comply with a subpoena can mean contempt of court charges.

However, Nevada does allow a few exceptions. For instance, spousal privilege lets a married person decline to testify against their spouse in very limited circumstances. That protection doesn’t apply to unmarried partners or when the spouse is the alleged victim of the crime itself.

Don’t Assume the Case Will Vanish

If you’re facing domestic violence charges and hoping the case will disappear because the other person doesn’t want to pursue it, you need to think again.

Domestic violence charges in Nevada carry serious consequences (jail time, fines, mandatory counseling, loss of firearm rights, and a criminal record that follows you for years). Even a first-offense misdemeanor conviction can affect your employment, housing, and custody arrangements.

Don’t Go It Alone

The moment you’re arrested or charged, the clock starts. The state is already building its case, whether the alleged victim is cooperating or not. You should be building yours.

If you’re facing domestic violence charges in Las Vegas, don’t assume the situation will resolve itself. Contact CEGA Criminal Law Group today to speak with an experienced defense attorney.