Domestic Violence & Injunctions

Can the victim drop domestic violence charges in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
No. Only the State can drop charges, and the alleged victim's wishes are one factor among many.

No. The alleged victim isn't the party bringing the case and can't withdraw it.

What they *can* do: speak with the State Attorney's office and express their position. Many offices have a process for this, sometimes involving an affidavit. Prosecutors do consider it.

But consideration isn't control. Prosecutors weigh the strength of the independent evidence, prior history, the seriousness of any injuries, and whether the change in position appears to reflect pressure. A recantation sometimes prompts more scrutiny rather than less.

There's a further complication people don't anticipate. Where an alleged victim recants, prosecutors sometimes proceed anyway using the original statements and the 911 call — and in some circumstances a person who gives inconsistent sworn accounts faces exposure of their own.

Neither person in this situation should be navigating it without advice, and they shouldn't be coordinating it with each other.

She can tell the State how she feels. She can't end the case. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.