Can Domestic Violence Charges Be Dropped in Lake Mary if the Victim Changes Their Story?

Did you know that victims are not in charge of whether domestic violence charges are dropped in Florida?

Many victims who contact our office are shocked to hear that a case is not over, even though the other person later says, “I don’t want to press charges,” “I overreacted,” or “It was a misunderstanding.” In Lake Mary (and throughout Florida), the victim no longer controls the case once the police get involved and make an arrest. If you are arrested for domestic violence, you are now in a battle with the State Attorney’s Office.  

Below, our domestic violence defense attorney discusses how this all works, why domestic violence cases often move forward even if the victim changes their story, and what legal defenses may be available.

Why the State (Instead of the Victim) Is in Charge

When the police respond to a domestic violence call and make an arrest, the case immediately becomes a matter for the State of Florida vs. the defendant, not the victim vs. the defendant.

Simply put, this means that:

• The alleged victim is no longer “dropping the charges”
• The alleged victim is no longer just signing a letter and ending the case
• The State Attorney’s Office prosecutor is in charge of what happens from here

The State wants to maintain control of the case because it treats domestic violence as a “public safety issue,” not a private matter between two people.

Example: An Argument That Becomes a Criminal Case

A couple in Lake Mary argues. One neighbor hears yelling and calls the police. When officers arrive, one person is upset and crying. The officer rapidly questions them, and they make an emotional statement. Minutes later, someone is being handcuffed and arrested, even though no one called and said they wanted anyone arrested.

The next morning, the alleged victim calms down and wants to clear it up. They call and say, “I don’t want to press charges,” but it is too late, and the case is already in the prosecutor’s hands.

The typical domestic violence case begins this way — not from an act of violence, but from an argument where emotions escalated after police became involved.

What Happens When the Victim Changes Their Story?

Victims have different reasons for later changing their version of events, such as:

• Anger caused them to exaggerate
• Panic because the police arrived
• They did not realize an arrest would automatically occur
• They feel guilty and remorseful after calming down
• The situation was verbal, not physical

Whatever the reason, if the victim later says, “It didn’t happen the way I said,” prosecutors can still push forward. This is called a “victimless prosecution.” They can use body camera footage, 911 call recordings, photos, statements from the scene, witnesses, and prior reports.

Why Prosecutors Move Ahead Without Victim Cooperation

The State Attorney’s Office also assumes that alleged victims may sometimes feel pressured to recant. This may be due to fear, finances, children, or other motivations, such as not wanting the defendant to go to jail.

That is why the state will not automatically dismiss when a victim recants. They will still consider moving forward if:

• The 911 call indicated a serious issue
• The officer noted visible injuries
• Bodycam video supports making the arrest
• Children were nearby during the incident
• Police claim the other party admitted guilt

Example: Victim Recants, but the Case Continues

A couple in Lake Mary gets into an argument. Police are called, and the officer thinks he sees injuries. An arrest is made. Later, the alleged victim calls the prosecutor and says, “I changed my mind. Nothing physical happened. I overreacted.”

The prosecutor replies: “Thank you for your statement — the case is still under review.”

The defendant expects a dismissal, but instead receives a court date and learns the state is moving forward.

This is very common.

Surprise No. 2: Automatic No-Contact Orders

After the arrest, the judge automatically issues a no-contact order (called a “POC” order). This means:

• No calling, texting, or emails
• No visiting if the victim lives at the home
• No contact through other people

This no-contact order remains in place until the court lifts it, even if the victim wants the contact restored.

The victim cannot undo the POC — only the court can.

Can a Criminal Defense Attorney Help When the Victim Wants the Charges Dropped?

Defense strategy should not just be “the victim changed their story.” Prosecutors see that in almost every case.

Defense counsel may:

• Point out inconsistencies in the original police report
• Emphasize the emotional or intoxicated state when making statements to the officer
• Demonstrate a lack of physical evidence
• Challenge the officer’s assumptions
• Argue that no crime occurred
• Present the victim’s sworn statement (submitted through counsel)
• Request removal or modification of the no-contact order when possible

A defense attorney can guide the victim on how to properly communicate through legal channels (not just by phone, which prosecutors can ignore).

Cases That Are More Likely To Be Dismissed

Domestic violence charges in Lake Mary are more likely to be dismissed when:

• The police documented no injuries
• There were no independent witnesses to the event
• The 911 call does not match the alleged incident
• Body camera footage doesn’t support the accusation
• The “victim” wants the record corrected through proper legal procedures
• The defendant has no prior history

Cases That Are More Difficult To Dismiss

Cases are more difficult to dismiss when:

• Photographs documented visible injuries
• Police claim there was an admission of guilt
• A child witnessed the alleged incident
• There is a history of prior calls to the residence
• Weapons were mentioned
• Neighbors witnessed the alleged incident
• The 911 call captured an emergency, such as fear or distress

Please note that even in these cases, legal defenses may be available, but prosecutors are more likely to fight dismissal aggressively.

Common Legal Defenses in Domestic Violence Cases

Defenses that may apply include:

• Self-defense
• Mutual confrontation by the parties
• The incident was verbal only
• False or exaggerated statements by the alleged victim
• A lack of intent to cause any injury
• The wrong person was accused
• Misinterpretation of what caused injuries or marks
• Scene reconstruction that shows no crime occurred

The goal is to raise defenses to the charges, not just rely on the victim recanting.

Facing Domestic Violence Charges? Get Help Now

When a victim wants to drop the charges in a domestic violence case, the case does not just magically end in Lake Mary. Once the police make an arrest, the State Attorney’s Office takes over, and the prosecutors decide what happens next.

However, a change in the victim’s story can help the defense and increase the chances of getting the case dismissed — it just needs to be done properly through the proper legal procedures. Contact our office today to discuss your legal rights and options.