Can a Domestic Violence Victim Drop Charges in Illinois?

Answered by Christopher Combs in General Criminal Defense on January 13, 2026.

Can a Domestic Violence Victim Drop Charges in Illinois? The short answer is no, domestic violence victims cannot drop criminal charges in Illinois, but there is some nuance to it. The type of case matters, and even if the alleged victim can’t drop the charges themselves, they can seriously weaken the prosecution’s case. We’ll explore the details below.

If you have been charged with domestic violence, don’t wait for the charges to be dropped – call Combs Waterkotte today to protect your freedom. We are expert Southern Illinois criminal defense lawyers and have extensive knowledge of domestic violence defense strategies.

We can build your defense – call now at (314) 900-HELP or get in touch online for a free, confidential consultation.

Can a Domestic Violence Victim Drop Charges in Illinois?

As we mentioned above, generally, no, the alleged victim will not be able to drop domestic violence charges. This is because the criminal case is technically the state against the alleged offender, not the victim against the alleged offender. (However, if the alleged victim does take back the accusation, that is almost always a great sign for your defense.)

To fully answer this question, we need to look at civil vs criminal cases, the difference between charges being dropped and dismissed, and the effect of an alleged victim later denying the accusations.

Illinois Civil Orders of Protection vs Criminal Domestic Violence Cases

Civil cases (often orders of protection) and criminal cases are differ in many ways – the burden of proof, whether you have a right to a public defender, and potential penalties. For our purposes, the important difference with Illinois civil cases is that they can be voluntarily dismissed – the plaintiff (accuser) can drop the case under most circumstances.

It’s important to note that if you’ve been accused of domestic violence and are going through both a civil order of protection case and a criminal case, having the civil case dropped does not automatically drop the criminal case.

Dropping vs Dismissing Domestic Violence Charges in Illinois

Criminal charges can be dropped or dismissed in Illinois, just not by the victim. If the state drops the charges, that means that the prosecutor evaluated the evidence and decided a conviction was unlikely. So, rather than pursue the case, they decide to drop it.

Dismissed charges are a bit different – for charges to be dismissed, a judge looks at the prosecutor’s case and decides that it is too weak to prove beyond a reasonable doubt, and can throw out the charges. The main difference is that if the charges are dropped, it can be picked back up in the future. But if they’re dismissed by a judge with prejudice, the charges can’t be filed again. To have a good chance at either, you need to contact a domestic violence attorney early.

Effect of an Alleged Victim Denying Accusations

Even if the alleged victim cannot drop the charges themselves, if they retract the accusation, that can be a major blow to the prosecution’s case. Witness testimony is a key part of the state’s case, and removing that improves your chances of the prosecutor deciding to drop the charges.

If the alleged victim wants to withdraw their accusation, they can contact the defendant’s defense attorney, who can then speakwith the prosecutor.

How Do I Prove My Innocence in an Illinois Domestic Violence Case, if the Charges Aren’t Dropped?

Even if the victim wants to drop the charges, the state is proceeding with the case. You have an advantage, but you still need to build a defense to show your innocence. How do you go about doing that?

At Combs Waterkotte, we fight for your freedom in a variety of ways – including attempts to have the charges dismissed, reduced, or build the strongest defensive case possible:

Dismissing Illinois Domestic Violence Charges

By bringing in an experienced Southern Illinois criminal defense attorney early, you maximize your chances of getting the charges dismissed. Your lawyer will still need to argue for a dismissal before a judge, but this can occur before a trial. Here are some common reasons that cases are dismissed:

Lack of Evidence
Error in Legal Procedure
Statute of Limitations Expires
Violation of Your Constitutional Rights
Uncooperative or Unreliable Witnesses

Reducing Illinois Domestic Violence Charges

Domestic violence charges can be reduced. This isn’t the same as being found innocent, but in some cases, reducing the charges is the best possible outcome. Rather than something arguing in front of a judge, this is often the result of a plea bargain between your attorney and the prosecutor. This can reduce penalties and even avoid jail time in some cases.

Court Defense Strategies for Illinois Domestic Violence Charges

Our trial-ready team doesn’t stop if plea bargaining or dismissals fail. If the case goes forward, we will build a vehement defense, picking from a variety of criminal defense strategies.

While there are many possible defenses to domestic violence charges, here are some of the most common ones we may utilize:

Self-Defense – if the alleged offender was threatened, protecting themselves is a valid defensive strategy.
False Accusations – we can question the credibility of the alleged victim; this is especially important if the victim wants to drop the accusation.
Insufficient Proof – without the victim’s testimony, the prosecutor may simply not have enough evidence to convict you.
Lack of Intent – if the action was unintentional, this can help reduce your responsibility.