Asked in Criminal Law, Domestic Violence and Libel & Slander for Oklahoma

Q: If someone was arrested for Domestic Violence, Kidnapping, Assault by Strangulation and making death threats and were

charged with those offenses, but the accuser willingly and voluntarily dropped all accusations and refused to press charges against said abuser. Can those same accusations be brought back up 3 years later as evidence used in obtaining an Emergency Order of Protection being granted? Or are those accusations void as if never happened due to all charges being dismissed 3 years ago?

1 Lawyer Answer
Jessica Brown
Jessica Brown
  • Domestic Violence Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: From what you've described, they can still be brought up. They're certainly not "void."

Victims don't have the choice about "pressing charges." Rather, that's the prosecutor's call. The victim can recant, fail to cooperate, etc. But it's the prosecution's choice whether to press charges or not.

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