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Domestic violence cases in Michigan can move forward quickly, and once the legal process begins, many people are surprised to learn that the victim cannot simply “drop” the charges. Although the alleged victim’s wishes are considered, the decision to proceed lies entirely with the prosecutor, not the person who filed the report. Understanding how this process works and what options exist is essential for anyone facing these serious allegations.
Michigan law treats domestic violence as a crime against the state, not a private dispute between individuals. When police respond to a domestic violence report, they often arrest if there is probable cause that an assault occurred. From that point, the case belongs to the prosecutor’s office.
Even if the alleged victim later decides they no longer want to pursue the case, prosecutors may continue for several reasons:
This approach reflects the state’s commitment to treating domestic violence seriously and ensuring accountability through the legal system.
It’s not uncommon for an alleged victim to change their story or express a desire to drop the case. However, recanting does not automatically end the prosecution. In fact, prosecutors and judges often become more cautious when they suspect external pressure, fear, or emotional conflict may be influencing a victim’s decision.
If the victim wishes to withdraw their statement, the prosecutor will likely review:
Even with a recantation, the case may proceed if sufficient independent evidence exists.
Once charges are filed, the prosecutor represents the State of Michigan — not the victim. Their duty is to seek justice based on the facts, which can mean continuing the case even when the victim objects.
For the accused, this creates a complex situation.
The best approach is to work closely with an experienced criminal defense attorney who can:
A skilled defense lawyer can balance the legal realities with the personal dynamics that often surround domestic cases.
Defendants should never attempt to contact the alleged victim directly to ask them to drop charges. Doing so may violate bond conditions or constitute witness tampering, leading to additional criminal penalties. All communication regarding the case should go through legal counsel.
Facing domestic violence charges in Michigan is stressful and can have lasting consequences, including jail time, loss of firearm rights, and damage to reputation. Even when the alleged victim no longer wants to pursue the matter, the case demands immediate and careful legal attention.
At Ben Hall Law, our East Lansing criminal defense attorneys have firsthand experience on both sides of the courtroom. Led by a former police officer and prosecutor, our firm understands how domestic violence cases are investigated, charged, and prosecuted — and how to build a defense that protects your freedom and your future.
If you or someone you know has been charged with domestic violence in Michigan, call 877-BEN-HALL (517-798-5801) or contact us online for a confidential consultation. We will evaluate your case, explain your options, and fight to ensure your rights are fully protected.
Benjamin J. Hall has proudly served both his community and country. He spent 5 years in the Marine Corps, including a tour in Iraq, and later worked nearly 10 years in law enforcement while attending law school. Ben has also been featured in local and national media, sharing insights on Michigan’s child protective services and offering a veteran’s perspective on 9/11.
“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”
Anonymous“I had an excellent experience with this law office. Ben Hall was able to handle my situation promptly and thoroughly, I was thankful we were able to avoided the hassle of going to court. I was looking for housing and if that isn’t an overwhelming task in itself, once I found a place that had vacancies they did not want to allow my support dog and the lady responsible for processing my application began sending me in circles and improperly handled the application process. It was to the point I didn’t think I was going to get housing when I contacted Ben Hall. He dove right in and explained to me the process and options and he guided me how to proceed and also contacted the housing development and let them know what their options were and how this was going to go if they continued to unjustly process my application… I received housing promptly with no further issues! So thankful for this option to pay such a minimal fee to have a lawyer in your corner and build a relationship with them. In a world were nothing is for sure it is a comfort to have such ease of access with this law office.”
Melinda“Ben was very generous with his time and expertise. He asked straightforward questions and offered excellent options to meet our objectives. Amazing turn around on short deadlines. We needed a legal opinion dealing with a conflict of interest on a local school board. WOW! Ben really understood the issues andbour concerns. He produced an amazing 8 page opinion in in a weeks time. And he worked with us on minimizing legal fees.”
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