Many people ask after an arrest, “Can a domestic violence charge be dropped in Wyoming?” While the alleged victim can tell prosecutors that they no longer want to pursue the case, they cannot make the charges disappear.
Once charges are filed, the State of Wyoming decides whether the case moves ahead. Even if both people involved want the case dismissed, prosecutors can continue to pursue the charges if they believe there is enough evidence.
Knowing how these cases work can help you know what to expect and what options may be available after a domestic violence arrest.
The State Has the Decision-Making Authority
Many people think that the alleged victim controls the case. They may believe that if the alleged victim changes their mind, refuses to cooperate, or asks for the charges to be dropped, the case automatically ends.
But this is not how Wyoming’s criminal justice system works.
Once an arrest is made and charges are filed, the case belongs to the state. That means the prosecutor represents the people of Wyoming, not the alleged victim.
While they may consider the wishes of the alleged victim, they ultimately decide whether to continue the case.
Why Do Prosecutors Continue Some Cases?
Domestic violence cases are complicated. Sometimes people want to reconcile, or family pressures are at play. For those reasons, prosecutors do not automatically dismiss cases because someone has changed their mind.
In these cases, the prosecutors will look at the available evidence. This may include:
- Statements made to the police
- 911 recordings
- Body camera footage
- Photographs of injuries or property damage
- Witness statements
- Medical records
- Prior incidents involving the parties
If prosecutors believe they have enough evidence, they may decide to continue the case even if the alleged victim no longer wants to participate.
What Does a No-Drop Approach Mean?
Some prosecutors take a “no-drop” policy in domestic violence cases. This does not mean every case goes to trial. It means prosecutors do not dismiss charges at the request of the victim.
Each case is reviewed individually. The strength of the evidence, the circumstances surrounding the incident, and the safety concerns involved may all influence the decision.
What About No-Contact Orders?
After a domestic violence arrest, a judge may issue a no-contact order as part of the criminal case. This order may be included as a condition of bond or release while the case is pending. A no-contact order is separate from a civil domestic violence protection order, but both can restrict contact between the parties.
Both parties must follow the order unless and until a judge changes it. The alleged victim cannot give permission to ignore the order, and the parties cannot agree on their own to resume contact.
Can Domestic Violence Charges Be Dismissed?
Yes. Some domestic violence cases are dismissed. However, the reason is tied to the evidence instead of a request from the alleged victim. Many times, a case may be dismissed because:
- The evidence is insufficient.
- Witness statements conflict.
- Constitutional issues exist.
- Police procedures were improper.
- The prosecution cannot prove the case beyond a reasonable doubt.
An experienced criminal defense attorney can review the evidence. They will look at the weaknesses in the case and help you with your next options.
Speak with a Wyoming Domestic Violence Defense Lawyer
Domestic violence charges can affect nearly every part of your life. If you are asking, “Can a domestic violence charge be dropped in Wyoming?”, the answer depends on the specific facts of the case. When you speak with a criminal defense lawyer early in the process, they can help you understand your options and begin building a defense strategy.
At Just Criminal Law, Christina L. Williams’ experience as a former domestic violence prosecutor provides rare perspective on how these cases are investigated and prosecuted. Drawing on that experience, our firm helps clients understand the legal process and what may happen next. Reach out to us today to schedule a consultation.
Frequently Asked Questions
Can the victim drop a domestic violence charge in Wyoming?
No. The alleged victim cannot dismiss criminal charges. Once charges are filed, the prosecutor decides whether the case will continue.
Will the case be dismissed if the victim refuses to testify?
This is not always the case. Prosecutors may rely on police reports, witness statements, photographs, 911 recordings, body camera footage, and other evidence.
What is a no-contact order, and when is it lifted?
A no-contact order limits communication between the parties while the case is pending. The judge is the only person who can modify or remove the order.
