domestic violence or assault charges

At the Law Office of Erin Bradley McAleer, we often get calls from people confused and scared after a domestic violence or assault charges. In many of these cases, the person labeled as the “victim” doesn’t want to move forward with the charges. Maybe the call to police was made in the heat of the moment. Maybe both parties want to reconcile. Or maybe the consequences of an arrest are more severe than anyone expected.

But here’s the hard truth: in Washington State, the decision to press or drop charges doesn’t belong to the victim. It belongs to the State.

The State of Washington Controls the Case—Not the Alleged Victim

Once a police report is filed, the case is in the hands of the prosecutor, not the person who made the call. Even if the victim asks the prosecutor to “drop the charges,” the state can (and often does) continue with prosecution.

This is especially true in domestic violence cases, where Washington law takes a strong stance to prevent future harm and protect individuals who may be in ongoing danger—even if they don’t want to press charges.

So Why Would the State Pursue Charges Anyway?

There are a few key reasons prosecutors move forward, even when the victim wants to stop:

  • Public safety concerns – Victims may recant due to fear, pressure, or dependence on the accused. Prosecutors try to protect people, even from risks they may not fully recognize.
  • Evidence beyond the victim’s statement – 911 calls, police body cam footage, medical reports, photographs of injuries, and witness testimony can all be used to build a case.
  • History of abuse or prior incidents – If this isn’t the first time police have been called, the state may feel obligated to intervene.

What Happens If the Victim Refuses to Cooperate?

Victims can still be subpoenaed to appear in court. If they refuse, they could face legal consequences—though courts often tread carefully in these cases, especially when there are signs of trauma or intimidation.

Even without a cooperative witness, prosecutors may rely on:

  • Excited utterances (things said during or right after the incident)
  • Statements made to medical professionals or police
  • Photos or recordings from the scene

How Our Defense Team Can Help

If you or someone you care about has been arrested—even in a case where the alleged victim doesn’t want to press charges—you need strong legal guidance immediately.

At the Law Office of Erin Bradley McAleer, our criminal defense team is experienced in handling sensitive, high-stakes domestic violence cases. We understand the emotional complexity of these situations, and we fight for outcomes that protect your rights, your record, and your future.

We can help by:

  • Analyzing the strength of the state’s evidence
  • Advocating for dismissals or reduced charges
  • Pursuing alternative resolutions, such as treatment programs or deferred prosecution
  • Communicating clearly and respectfully with all parties involved

Final Thought: One Call Can Change Everything

Whether you’re the accused or the person who made the call, it’s important to understand the legal process—and your rights. Just because someone wants to “drop the charges” doesn’t mean the case goes away. Our team is here to guide you through the uncertainty with clarity, compassion, and tenacity. If you’re facing domestic violence or assault charges in Washington, don’t wait. Contact the Law Office of Erin Bradley McAleer today for a confidential consultation.