Will a Domestic Assault and Battery Charge be Dismissed if My Wife Does not Wish to Press Charges?

A common question we get at DelSignore Law after a Massachusetts domestic assault and battery arrest is whether the case will end if the alleged victim does not want to testify. The answer is that the case does not end automatically. Criminal charges are brought by the Commonwealth, and the prosecutor decides whether to continue.

The Commonwealth may try to prove the case through other evidence. That may include:

• A 911 call or another recorded statement
• An admission or statement attributed to the accused
• An officer’s observations or testimony
• A neighbor, bystander, or other witness
• Photographs, body-camera footage, or other recordings

The fact that evidence exists does not automatically mean it can be admitted or that it proves the charge. One of our methods at DelSignore Law to defend your case is to challenge the admissibility of evidence in Court to exclude evidence that was obtained in violation of your rights. 

In some cases, a witness may have a privilege not to testify, including a marital or Fifth Amendment privilege. Whether a privilege applies depends on the relationship, the facts, and the testimony at issue. The court decides the question when it is properly raised. If there is a valid martial privilege, the case is likely to get dismissed unless the Commonwealth can prove the case without the alleged victim’s testimony. 

Prosecutors do not dismiss a domestic assault and battery charge at the first court date just because the alleged victim asks them to. In most cases, the matter moves through pretrial dates and is set for trial. If the Commonwealth cannot proceed without the witness and lacks other usable evidence, the case may be dismissed. If it has other evidence, the case may continue.

When the alleged victim does not want to testify, the case often takes about four to seven months to resolve. A case expected to proceed to trial can take longer. The actual timing depends on the court schedule and the evidence.

Attorney DelSignore reviews the 911 call, police report, statements, recordings, and witness information before recommending a strategy. When a witness does not want to testify, he evaluates whether the Commonwealth has another way to prove the charge and prepares to challenge the evidence if the case proceeds.

• Attleboro District Court: a domestic assault and battery charge was dismissed on the bench-trial date.
• Wrentham District Court: a domestic assault and battery charge was dismissed when the Commonwealth could not answer ready for trial.
• Westborough District Court: a domestic assault and battery charge was dismissed after the case was moved to a bench trial.

Every case depends on its own facts. Past results do not guarantee a similar outcome.

Call or text Attorney DelSignore at 781-686-5924 to discuss whether the Commonwealth may be able to proceed without the alleged victim’s testimony and what evidence should be reviewed.