Domestic Violence & Injunctions

I was arrested for domestic battery and she doesn't want to press charges — now what?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Her wishes don't control the case. The State decides whether to prosecute, and Florida law directs prosecutors to proceed over a victim's objection where necessary.

This is the most common misunderstanding in domestic violence cases, and acting on it makes things worse.

The charges belong to the State of Florida, not to the person who called. Florida law directs each state attorney to adopt a pro-prosecution policy for domestic violence, and provides that the decision to file or not file is made by specialized prosecutors — over the objection of the victim, if necessary.

The Legislature's stated intent is that domestic violence be treated as a criminal act rather than a private matter. That framing drives everything that follows.

So a case can and does proceed on the 911 recording, the officer's observations, photographs, and statements made at the scene, even where the person who called now wants it dropped.

What matters far more right now: there is almost certainly a no-contact order. Contacting her — even if she asks you to — is a separate crime that will make this substantially worse.

Whatever else you do, don't contact her. That's the decision that determines how this goes. ---

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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.