Domestic Violence & Injunctions

Why is the State prosecuting when the victim doesn't want to?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Because Florida law directs it. The policy exists specifically because victims' positions often change under pressure.

The reasoning is explicit in the statute. The Legislature determined that domestic violence should be treated as a criminal act rather than a private family matter, and required each state attorney to adopt a pro-prosecution policy.

The policy rationale is that if cases ended whenever a complaining witness asked, the outcome would be determined by whoever had more influence in the relationship — which in some situations is the person accused.

So prosecutors proceed on evidence that doesn't depend on cooperation: 911 audio, officers' observations, photographs of the scene and any injuries, medical records, and statements made at the time.

Whether that's the right policy is a genuine debate. What isn't in question is that it's the policy, and that a defense built on the expectation that she'll drop it is not a defense.

The realistic path runs through the evidence — what the recording actually shows, what the officer actually observed, and whether the State can prove its elements.

The case doesn't turn on what she wants. It turns on what they can prove. ---

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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.