Domestic Violence Drop Charges Affidavit Template for the United States
Generate a bespoke document
What is a Domestic Violence Drop Charges Affidavit?
The Domestic Violence Drop Charges Affidavit serves as a formal mechanism within the United States legal system for victims who wish to request the dismissal of criminal charges in domestic violence cases. This document is typically used when circumstances have changed, reconciliation has occurred, or the victim believes prosecution is not in their best interest. The affidavit must include specific information about the case, parties involved, and reasons for the request. It's important to note that while this document represents the victim's wishes, many jurisdictions maintain 'no-drop' policies, meaning the prosecutor retains discretion over whether to proceed with the case, regardless of the victim's preferences.
Trusted by high-performance teams
Frequently Asked Questions
Does filing the affidavit end the case?
It does not. Charges are brought by the state, so the prosecutor decides whether to continue, and many offices apply a policy of proceeding in domestic violence matters even when the complaining witness asks them not to. The affidavit puts your position on the record for that decision. A prosecutor can also proceed on other evidence, including recordings of emergency calls, photographs, medical records and officers' observations, none of which depend on your testimony. Ask the prosecutor's office how it handles these documents and what happens next, so you know what to expect rather than assuming the case will close.
Does it cancel a protective or no-contact order?
No. An order made by a court remains in force until that court changes or ends it, and contact that breaches it can be a separate offense for the person restrained even if you invited the contact. Changing an order requires a request to the court that issued it. More than one order may be in place, since a criminal case can carry its own no-contact condition alongside a civil protective order, and ending one leaves the other standing. Check with the court clerk which orders exist, what each one prohibits, and how to ask for a change.
Can you still be required to testify?
Yes. A subpoena can compel your attendance whatever the affidavit says, and ignoring one carries consequences of its own. Signing the affidavit does not excuse you from appearing. If a subpoena arrives, the date and the courtroom named on it are what count, and any question about attending is raised with the court rather than settled by agreement with either side. Many courts and prosecutors' offices have a victim or witness services contact who can explain what attendance involves, including whether you can be accompanied and what support is available on the day.
What are the risks in signing one?
The affidavit is sworn, so a statement you know to be untrue exposes you to a perjury or false reporting charge, and a retraction that contradicts your earlier account can itself be used as evidence in the case. Nobody is entitled to pressure you into signing, and applying that kind of pressure can be a criminal offense such as witness tampering. Write only what you know to be accurate, in your own words, and keep a copy. If you are being pressured, the court, the prosecutor's office and the police can all be told.
Do the rules differ between states and courts?
They do. Whether the document is called an affidavit of non-prosecution, how it must be sworn, whether the court accepts it directly or only through the prosecutor's office, and how no-drop policies are applied all vary by state and often by county. Check the filing requirements of the court handling the case. Ask specifically whether it has to be notarized, whether it must be filed in person, and whether a copy goes to the defense, since a document that reaches the file the wrong way may not be read before the next hearing.
About the Domestic Violence Drop Charges Affidavit
A drop charges affidavit, also known as an affidavit of non-prosecution, is a sworn statement that lets you tell the court and 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 matter will be dismissed, because prosecutors keep discretionary authority under federal and state law.
What is a drop charges affidavit?
It is a notarized document in which the alleged victim 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 matter has your account in front of them when they decide how to proceed. It can apply to charges arising from an assault, harassment, or another crime tied to a domestic incident.
When do you need this document?
You might use this affidavit when circumstances in your case have changed since the initial incident. Common situations include successful completion of counseling or therapy programs by the defendant, 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 defendant or anyone else who wants the case to go away.
Can you drop charges yourself, or does the prosecutor decide?
You cannot dismiss the case on your own. Once charges are filed, the prosecutor, not the alleged victim, controls whether the matter continues. Many jurisdictions follow 'no-drop' policies, meaning the case can move forward even without your cooperation. Your affidavit tells the prosecutor you do not wish to press charges, and they will weigh that alongside the evidence, any prior incidents, and the safety of everyone involved. In some cases they honor the request; in others they proceed anyway.
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 or lawyer can explain how your decision might affect ongoing civil proceedings or future protections, and free advocacy help is available in most areas if you want support before filing.
What information does the affidavit need to be valid?
To hold up, the document 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 lead to its own consequences. The affidavit must be notarized in most places, and some courts ask for extra steps such as a victim impact statement or a safety planning conference before they accept your request to dismiss.
How to complete and file it
Fill in the affidavit with accurate case information, sign it in front of a notary, and file the notarized copy with the clerk of the county court handling the matter, then make sure a copy reaches the prosecutor's office. Being present at any scheduled hearing may also matter, since the prosecutor may want to hear directly from you. If you are unsure about the process, court self-help centers and victim advocates can help at no cost. You can also explore related sworn statements in our affidavit template library, or review pricing for full document drafting and review on our pricing page.
GOVERNING LAW
Applicable law
This Domestic Violence Drop Charges Affidavit is drafted to comply with United States law. Key legislation includes:
These federal and state laws shape how a drop charges affidavit is treated once charges have already been filed.
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it