A common question after a domestic violence arrest is whether the alleged victim can simply tell the court that they no longer want to press charges.
In South Carolina, the answer is generally no. Once a criminal case has started, the alleged victim does not personally control whether the prosecution continues.
Prosecutors handle criminal cases on behalf of the State, and they may decide to continue even when an alleged victim asks that the case be dismissed.
The South Carolina Attorney General identifies the Attorney General and the state’s Circuit Solicitors as the officials responsible for criminal prosecutions.
That does not mean the alleged victim’s wishes are irrelevant. South Carolina law gives crime victims important rights to communicate with prosecutors and be heard during the process.
But asking to drop domestic violence charges that South Carolina prosecutors have already filed is different from having the legal authority to dismiss the case.
Who Decides Whether Domestic Violence Charges Are Dropped?
The Prosecutor Controls the Criminal Case
A domestic violence case is not simply a dispute between two private people. It is a criminal prosecution brought by the government.
South Carolina prosecutors have professional responsibilities concerning which charges they pursue.
For example, Rule 3.8 of the South Carolina Rules of Professional Conduct requires a prosecutor to refrain from prosecuting a charge the prosecutor knows is not supported by probable cause.
An alleged victim can tell the prosecutor that they do not want the case to continue, but that request does not automatically end the prosecution.
Coastal Law’s existing overview of South Carolina domestic violence charges also explains that domestic violence cases can continue without the victim’s cooperation.
That broader article focuses on the different degrees of domestic violence, while this article addresses what happens when the alleged victim no longer wants to participate.
Does the Alleged Victim Have a Say in the Case?
Yes. Not controlling the prosecution does not mean the victim has no voice.
South Carolina’s victim-rights laws require prosecuting agencies in General Sessions cases to discuss the case with the victim and confer about its disposition, including diversion and plea negotiations.
Victims also have rights to receive information about proceedings and to be heard at certain stages.
An alleged victim can therefore tell the prosecutor:
- That they do not want prosecution to continue
- That an earlier statement was inaccurate
- That they want to clarify what happened
- Their views regarding a possible plea
- Their concerns about bond or contact restrictions
The prosecutor may take those views into account while also considering police reports, photographs, recordings, witness statements, medical evidence, body-camera footage, prior incidents, and other available evidence.
What Happens If the Alleged Victim Recants?
Recanting Does Not Automatically Make the Case Disappear
A recantation occurs when someone changes or withdraws an earlier statement.
In a domestic violence case, an alleged victim might later say that the original report was exaggerated, misunderstood, or simply wrong. That change can be important, but it does not automatically require the State to dismiss the charge.
A prosecutor may examine why the account changed and compare the new version with other evidence. In some cases, the prosecution may believe it can proceed without relying entirely on the alleged victim’s testimony.
A recantation can also create credibility issues for both sides. Because of that, neither the defendant nor anyone acting for the defendant should attempt to coach an alleged victim about what to say.
Can the Alleged Victim Refuse to Testify?
An alleged victim may not want to appear in court, but that does not necessarily mean they can simply ignore a subpoena.
South Carolina Rule of Criminal Procedure 13 allows subpoenas to require witnesses to attend and testify in General Sessions Court.
In Magistrate Court, Rule 23 likewise allows subpoenas for witnesses and provides that a person who fails to obey a properly served subpoena without adequate excuse may be held in contempt.
Whether a witness can lawfully refuse to answer a particular question can involve separate legal issues, but a person who receives a subpoena should not simply assume attendance is optional.
This is different from voluntarily cooperating with the prosecution. A witness may tell the prosecutor that they do not want the case pursued, yet still have legal obligations if ordered to appear.
What About a No-Contact Order?
The Defendant Should Follow the Court’s Order Unless It Is Changed
Domestic violence cases frequently involve restrictions on contact as a condition of bond.
South Carolina law allows courts to impose restrictions on a defendant’s association, travel, residence, and other activities when setting conditions of release.
A criminal no-contact order may therefore prevent communication with the alleged victim while the case is pending.
The alleged victim generally cannot personally cancel a court-imposed bond condition.
Even if both people want to communicate, the defendant should follow the order unless and until the court modifies it.
Our domestic violence defense page discusses how prosecutors may pursue these cases even when an alleged victim does not want the prosecution to continue.
Why the Defendant Should Not Pressure the Alleged Victim
A defendant may naturally want to ask the alleged victim to “tell the prosecutor what really happened” or to withdraw the complaint.
That can be risky.
If a no-contact condition is in place, direct communication may violate the defendant’s bond.
Trying to get around the restriction by using friends, relatives, text messages, social media, or another person can create additional problems depending on the language of the order and circumstances.
Even without a no-contact order, pressuring, threatening, offering something in exchange for changed testimony, or attempting to influence a witness can create serious legal issues.
A safer approach is to give potentially helpful information to the defense attorney. Counsel can evaluate how to present that information through proper legal channels.
For a broader overview of what happens while a criminal case is pending, Coastal Law’s article on what to expect after being charged with a crime in South Carolina explains bond hearings, court appearances, discovery, negotiations, and trial.
Frequently Asked Questions About Dropping Domestic Violence Charges
Can a victim drop domestic violence charges in South Carolina?
An alleged victim can ask that the case be dismissed, but the prosecutor generally controls whether the prosecution continues.
What if the victim says the original accusation was false?
A changed statement may affect the case, but it does not automatically end it. Prosecutors may consider the recantation along with other available evidence.
Can a victim ignore a subpoena if they do not want to testify?
Generally, no. A properly issued subpoena is a court command. Failing to comply without adequate excuse can lead to consequences, including contempt in applicable proceedings.
Can the victim contact the defendant if there is a no-contact order?
The defendant should follow the court’s order even if the alleged victim initiates contact. If the parties want the restriction changed, the proper approach is to seek modification through the court.
Should a defendant ask the victim to drop the charges?
That can be risky, especially when a no-contact condition is in place. The defendant should discuss the situation with defense counsel rather than trying to influence the alleged victim directly.
Talk With Coastal Law About a South Carolina Domestic Violence Charge
Domestic violence cases can become complicated when the alleged victim changes their account or no longer wants prosecution.
The effect of that change depends on the evidence, the pending charge, the bond conditions, and the prosecutor’s decisions.
Coastal Law represents people facing criminal charges in South Carolina, including domestic violence allegations.
Learn more about the firm’s criminal defense practice or contact Coastal Law HERE to discuss the circumstances of a case.
Reviewed by Michael H. Wells
This page was reviewed for legal accuracy by Michael H. Wells, founder of Coastal Law, LLC. Mike has represented clients in South Carolina since founding Coastal Law in 2001, with a practice focused on criminal defense, personal injury, and civil litigation.
Learn More About Michael H. Wells
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