Domestic Violence Drop Charges Affidavit Template for the United States

A drop charge affidavit, also known as an affidavit of non-prosecution, is a sworn statement that lets you tell the prosecutor you do not want to press charges in a domestic violence case in the United States. It documents your wishes as the alleged victim, but it does not guarantee the criminal charges will be dismissed, because prosecutors keep discretionary authority under federal and state law.

What is a drop charge affidavit?

It is a notarized form in which the person who reported the incident explains that they want the charges withdrawn and the case dropped. People also call it an affidavit of non-prosecution or a request to dismiss charges. It puts your position on the record in writing, so the prosecutor handling the case has your account in front of them when they decide how to proceed. It can apply to criminal charges arising from an arrest for assault, harassment, or another crime tied to a domestic or family incident, including matters involving drugs or alcohol.

What does a drop charge affidavit look like? A worked example

A completed affidavit typically reads: "I, Jane A. Doe, residing at 14 Maple Street, Fulton County, Georgia, state that on March 3, 2024 an incident led to the arrest of John B. Doe under case number 2024-CR-01982 in the State Court of Fulton County. I am the complaining witness in this matter. I make this statement freely and voluntarily, without any threat, promise, or pressure from the accused or anyone else. I do not wish to proceed with prosecution and I respectfully ask the District Attorney to dismiss the charges." The form is then signed under penalty of perjury and notarized. Your version would replace the names, dates, county, and case number with your own, and set out your reasons in your own words.

When do you need this document?

You might use this affidavit when circumstances have changed since the initial incident. Common reasons include the accused completing a counseling or therapy program, genuine reconciliation with safety measures in place, or a belief that continuing the case would cause more harm than benefit. You should never feel pressured to drop charges. This decision should be made independently, without coercion or outside influence from the accused or anyone else who wants the case to go away. Every situation is particular, so the reasons you give should reflect your own circumstances rather than a generic script.

Can you drop charges yourself, or does the prosecutor decide?

You cannot dismiss the case on your own. Once charges are filed after an arrest, the prosecutor, not the complaining witness, controls whether the case continues. Many jurisdictions follow 'no-drop' policies, meaning prosecution can move forward even without your cooperation. Your affidavit tells the prosecutor you do not wish to press charges, and they weigh that alongside the evidence, any prior incidents, the risk of a conviction, and the safety of everyone involved. In some cases they honor the request; in others they proceed anyway.

Does filing an affidavit affect the accused's criminal record?

Filing a drop charge affidavit does not by itself erase an arrest or prevent a conviction. If the prosecutor proceeds and the accused is found guilty, the conviction stands on their record regardless of the affidavit. If the prosecutor accepts the request and dismisses the charges, there is no conviction, though the arrest record may still exist unless it is separately expunged under state law. The affidavit records your position; it does not resolve the underlying criminal charges on its own. The accused's own criminal defense is handled separately by their lawyer, and this affidavit does not take the place of that representation.

Key legal considerations

Your affidavit should include a voluntary declaration confirming you are making the request without threats, promises, coercion, or influence from anyone. Dropping charges does not automatically void an existing protective order, which operates separately under civil law. The Violence Against Women Act (VAWA) supports victim autonomy while recognizing that these cases can involve complex power dynamics. A victim advocate can explain how your decision might affect ongoing civil proceedings or future protections. Many local advocacy centers offer a free consult and can help you contact the prosecutor's office, often at no cost in your area before you file.

Understanding your rights before you file

Understanding what the affidavit does and does not do matters before you sign it. As the complaining witness you have the right to tell the prosecutor your wishes, but you do not control the final outcome. Victim rights laws in most states give you the right to be informed about the case and to express whether you want it to proceed. If your concern is privacy, ask the clerk's office how the court's own records and privacy policy treat affidavits of non-prosecution, since the document becomes part of the public case file.

What information does the affidavit need to be valid?

To hold up, the form should contain your complete identifying information, the case details including the county court and case number, and a clear statement of facts about the original incident and your current request. Sworn statements are made under penalty of perjury, so a false statement can carry its own consequences. The affidavit must be notarized in most places, and some jurisdictions ask for extra steps such as a victim impact statement or a safety planning conference before they accept your request to dismiss. Think about your own privacy too, since the affidavit becomes part of the case file and can be viewed by the prosecution, the defense, and the accused.

How do you write and file a drop charge affidavit?

The process generally follows a few clear steps:

• Fill in the affidavit online with accurate case information, including the names, county court, and case number.
• Set out the facts of the original incident and your reasons for wanting the charges dropped, in your own words.
• Include a voluntary declaration confirming no one pressured you.
• Sign the affidavit in front of a notary public.
• File the notarized copy with the clerk of the county court handling the case.
• Make sure a copy reaches the prosecutor's office, and attend any scheduled hearing if asked, since the prosecutor may want to hear directly from you.

If you are unsure how to handle the process, court self-help centers and victim advocates can assist at no cost. You can also explore related sworn statements in our affidavit template library, read our definition of an affidavit for the format basics, or check pricing for full document drafting and review on our pricing page.

Is this the same as a sample letter to the prosecutor to drop charges?

A sample letter to the prosecutor to drop charges and a drop charge affidavit serve a similar purpose, but they are not identical. A letter is an informal request, while an affidavit is a sworn statement made under oath and notarized, so it often carries more weight when a prosecutor decides whether to continue. Many people who search online for a sample letter to drop charges against a spouse or partner, or a sample letter to the judge, find that a notarized affidavit is the format the county court expects. You can complete this form yourself; some people also consult an attorney or a victim advocate first, though none is required to file.