Larkin Ingrassia Andrews Criminal Defense Attorneys | June 24, 2026 | Criminal Defense
Many people assume that an alleged victim has complete control over whether domestic violence charges move forward. However, that is not always the case in New York. Once law enforcement becomes involved and prosecutors review the allegations, the decision to pursue criminal charges generally rests with the government, not the alleged victim.
Who Decides Whether Domestic Violence Charges Are Filed in New York?
In New York, prosecutors—not alleged victims—decide whether criminal charges should be filed and pursued. After police respond to a domestic incident, they may make an arrest if they believe there is probable cause to believe a crime occurred.
The case is then typically referred to the local prosecutor’s office. Prosecutors review the available evidence and determine whether criminal charges are appropriate. Even if the alleged victim later expresses a desire to drop the case, the prosecutor may choose to continue pursuing charges.
Why Might a Domestic Violence Victim Not Want to Press Charges?
There are many reasons why an alleged victim may decide they no longer want criminal charges to proceed.
In some situations, the parties reconcile after the incident. In others, the alleged victim may worry about the financial consequences of a criminal conviction, especially if the accused is a primary source of household income. Concerns about children, housing, employment, or immigration issues may also play a role.
Additionally, some individuals simply do not want to participate in a lengthy court process or testify in open court. Regardless of the reason, a change of heart does not automatically end a criminal case.
Can Prosecutors Pursue Domestic Violence Charges Without the Victim’s Cooperation?
Prosecutors frequently continue domestic violence cases even when the alleged victim does not want to cooperate.
Domestic violence cases are often treated differently from other criminal matters because prosecutors may believe victims are under pressure to withdraw their allegations. As a result, a prosecutor may decide to proceed if sufficient evidence exists to support the charges.
Whether the case continues often depends on the strength of the available evidence and the specific facts involved.
What Evidence Can Be Used if the Victim Refuses to Testify?
A prosecutor may have access to evidence beyond the alleged victim’s testimony.
Examples of evidence commonly used in domestic violence cases include:
- 911 recordings
- Statements made at the scene
- Photographs of injuries or property damage
- Medical records
- Witness testimony
- Text messages, emails, or social media communications
In some cases, this evidence may be enough for prosecutors to continue pursuing charges even if the alleged victim refuses to appear in court or changes their story.
What Happens if the Alleged Victim Recants Their Story?
A recantation occurs when an alleged victim later withdraws or changes previous statements about an incident.
While a recantation can affect a criminal case, it does not automatically result in a dismissal. Prosecutors often scrutinize recantations carefully because they may believe the alleged victim is facing pressure from family members, friends, or the accused person.
The prosecutor will typically compare the recantation with other available evidence. If substantial evidence supports the original allegations, the case may continue despite the alleged victim’s changed statements.
Can Domestic Violence Charges Be Dismissed If the Victim Refuses to Cooperate?
If the prosecutor lacks sufficient evidence to prove the case beyond a reasonable doubt without the alleged victim’s cooperation, the charges may be reduced or dismissed. However, if independent evidence exists, the prosecution may continue moving forward.
Every case is different. Factors such as witness testimony, physical evidence, recorded statements, and the nature of the allegations can all influence whether charges remain pending.
Contact Larkin Ingrassia Andrews Criminal Defense Attorneys to Schedule a Free Consultation With a Newburgh Domestic Violence Lawyer
Domestic violence charges in New York do not automatically disappear just because the alleged victim does not want to press charges, refuses to cooperate, or recants their story. Prosecutors may still move forward if they believe there is enough evidence to prove the case.
If you are facing domestic violence allegations in Newburgh, NY, Larkin Ingrassia Andrews Criminal Defense Attorneys can help you understand your rights and options. To learn how we can help, reach out to schedule a free consultation with a Newburgh domestic violence attorney.
We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345