Q: If a person is charged with domestic assault and the person who was assaulted refuses to press charges what will happen

A: Once a warrant is issued in any criminal case, the authority to determine whether the charge will be prosecuted lies with the prosecutor, whether it is the Commonwealth's Attorney or a Town or City Attorney. Many prosecutors will ask the alleged victim what they are looking for in the case. Sometimes, if an alleged victim states that he or she does not want the accused to be charged any longer, a prosecutor will agree to do so. However, more commonly, a prosecutor will still proceed with the prosecution even if the alleged victim does not want to, if the evidence supports that a crime was committed. Prosecutors are aware that in many domestic assault situations, there is pressure on the alleged victim to withdraw the prosecution. Prosecutors are very hesitant to do this out of concern that future acts of violence may occur. If an alleged victim recants, or contradicts earlier statements alleging a criminal act, a prosecutor may be left with no choice but to cease their prosecution due to changed testimony or an unreliable witness. This route can become troublesome as some prosecutors will then accuse the alleged victim of making a false statement to police or to a magistrate and open themselves up to possible criminal charges.

A: Once you contact the police in a domestic violence situation and the defendant is charged, the matter is out of your hands. You have now become a witness for the prosecution and you will likely receive a subpoena (which is a court order) to go to court for the defendant's trial.