Can Domestic Violence Charges Be Dropped If the Victim Recants in Colorado?
Possibly. The alleged victim cannot “drop” domestic violence charges in Colorado. Only the district attorney has the power to dismiss the case, even if the alleged victim recants or asks for the charges to go away.
Why Can't the Alleged Victim Drop the Charges?
In Colorado on all cases, the state, not the alleged victim, decides whether to move forward. The case is filed in the name of the state of Colorado, not in the name of the person who was allegedly hurt. With domestic violence cases, the State cannot dismiss the case unless they can make a good faith representation to the Court that they would not be able to make a prima facie case at trial.
This rule exists for a reason. Lawmakers wanted to stop pressure or fear from controlling the outcome of a case. Colorado is also a mandatory arrest state in domestic violence cases. Under CRS 18-6-803.6, if police respond to a domestic call and find probable cause that a crime of domestic violence happened, they must arrest the suspect. This applies whether the call came from Durango, Bayfield, Cortez, or anywhere else in La Plata County.
What Happens If the Alleged Victim Recants or Won't Testify?
A recanting alleged victim does not automatically end the case. If the alleged victim will not cooperate, the prosecutor can issue a subpoena, which is a legal order requiring them to appear in court. If they ignore the subpoena, they could be held in contempt of court.
Recanting is common in domestic violence cases. In most cases, the alleged victim is not punished simply for recanting their story. The risk changes if someone admits they made up the original report entirely, since that can lead to a separate charge for false reporting.
Do Not Contact the Alleged Victim
This is one of the most important things to understand if you are facing a domestic violence charge. If a mandatory no-contact protection order has been issued, you cannot contact the alleged victim for any reason. This includes asking them to recant, asking them to drop the charges, or responding even if they contact you first.
Any contact while a no-contact protection order is active is a separate crime. This is true even if the alleged victim wants to reconcile or says they no longer want to press charges.
What Evidence Can Prosecutors Use Besides the Alleged Victim's Testimony?
Prosecutors do not have to rely only on what the alleged victim says. They can also use:
911 call recordings
Police body camera footage
Photographs of injuries or the scene
Medical records
Statements from other witnesses
If this kind of evidence supports the charge, the case can possibly move forward even if the alleged victim does not want to participate.
Can a Domestic Violence Case Still Be Dismissed?
Yes. A case can be dismissed if the prosecutor decides there is not enough evidence to prove guilt, or if a defense attorney successfully challenges the evidence against you. This is a decision made by the prosecutor, based on the strength of the case, not a decision the alleged victim can make on their own.