A common phrase from alleged victims in domestic violence cases, is “I don’t want to press charges”. This is a common misunderstanding of the law which is caused by television dramas and people who think they know how the law works. Often, in these types of dramas, the reported victim is asked whether he or she wants to press charges against the accused abuser. In the State of California, it is not the decision of the victim’s that dictates whether charges will be filed or not. The decision whether or not to file a criminal complaint (or press charges) is in the discretion of the prosecution.
Typically, it begins when a couple gets into a domestic dispute. One of the adversaries calls the cops thinking that will diffuse the chaos. However, in most cases, someone is going to have to go to jail, usually the man if it involves opposite sex relationships. Thereafter, the remaining party will claim “I don’t want to press charges”. Unfortunately, it is no longer up to the victim whether charges will be filed.
After an arrest, a report is prepared by the arresting officers and forwarded to the prosecuting attorney, usually the District Attorney. The District Attorney will review the report and decide whether or not to file a criminal complaint. If the defendant is in custody at the time of the arraignment he or she will be brought to court to answer the charges with a plea of guilty or not guilty. In most cases, the plea will be not guilty. This gives the defense an opportunity to obtain the discovery, or all the evidence the prosecution may try to use to prove its case. 
If the defendant is not in custody, a letter will be mailed to them notifying the defendant of the arraignment date. In some cases, the District Attorney may ask the court to issue a warrant for the defendant’s arrest.
At the arraignment, the court may issue a protective order to prevent the defendant from contacting the victim. This is especially hard if the parties are married or have children together. Living apart can put overwhelming financial and emotional strains on the parties.
Occasionally, the prosecutor will take into consideration the victim’s desire for prosecution or the lack thereof. But ultimately the decision rests with the prosecutor.
If you or someone you know has been charged with domestic violence, an experienced criminal defense attorney can help you fight these charges. Call our office today at (619) 238-1905 for a free consultation.
