Can Domestic Violence Charges Be Dropped in Arizona?

Guidance for Tempe Residents Facing DV Allegations

Domestic violence (DV) allegations are among the most common charges filed in Arizona courts—and the consequences can be life-altering. Many clients ask: “If the alleged victim no longer wants to press charges, will the case go away?” Unfortunately, the answer is usually no. Once police make an arrest, the case belongs to the prosecutor, not the victim. Only the prosecutor (or the court) can dismiss the charges.

Victim Non-Cooperation & Prosecutorial Discretion

• No automatic dismissal. A victim’s request to “drop charges” does not compel the State to do so.
• Evidentiary hurdles. If the victim refuses to testify, the prosecutor must decide whether enough independent evidence exists—police body-cam, 911 audio, photographs, medical records, admissions, or eyewitnesses.
• Subpoenas & impeachment. Some county attorneys will subpoena reluctant victims. If a victim testifies inconsistently with earlier statements, prosecutors may impeach them with prior police reports or recordings.

Protective Orders vs. Criminal Charges

Orders of Protection (Civil)

Unlike criminal DV charges, an Order of Protection is a civil matter. The protected party may return to court and ask the judge to quash or modify the order. However, if a separate criminal case imposes no-contact conditions, those restrictions remain until the criminal judge changes them.

Release Conditions After Arrest

When domestic violence charges are filed, release conditions often prohibit contact with the alleged victim and may bar you from your own residence. Violating these terms—even if the victim initiates contact—can lead to re-arrest and additional charges. Always consult counsel before communicating with anyone protected by court order.

Strategies for Reducing or Dismissing DV Charges

An experienced defense attorney can:

• Analyze weaknesses in the State’s evidence (lack of independent proof, inconsistencies).
• Identify constitutional or procedural violations (unlawful arrest, Miranda issues).
• Work with the alleged victim’s wishes when appropriate and ethically permissible.
• Negotiate alternatives—diversion, counseling, or reduced, non-DV charges.

Facing a Domestic Violence Allegation in Tempe?

Ted Law offers decades of combined experience defending clients against domestic violence accusations throughout the East Valley. We understand the sensitive dynamics of DV cases—and how to protect your rights while seeking the best outcome.

Call (602) 453-3100 or contact us online for a free confidential consultation. We can meet by phone, video, or at our Tempe office.