blog home Domestic Abuse Can a Domestic Violence Charge in San Diego Be Dismissed?

Can a Domestic Violence Charge in San Diego Be Dismissed?

By San Diego Attorney on August 24, 2025

Facing a domestic violence charge in San Diego can be overwhelming, especially if the accusation is false or exaggerated. For example, many individuals find themselves arrested after a heated argument spirals out of control, sometimes without physical contact ever taking place.

If you are facing a domestic violence charge, you may be asking the critical question of whether a domestic violence charge can be dismissed in California.

The answer is yes—a domestic violence case may be dropped under certain conditions. This could especially be the case if there are evidentiary weaknesses, procedural errors, or compelling defenses.

Understanding Domestic Violence Charges in California

Under California law, domestic violence refers to harm or threats of harm committed against a current or former intimate partner, spouse, cohabitant, or the parent of the accused’s child.

Common charges include:

• Penal Code § 243(e)(1): Domestic battery (a misdemeanor)
• Penal Code § 273.5: Corporal injury to a spouse or cohabitant (can be a felony or misdemeanor)
• Penal Code § 422: Criminal threats
• Penal Code § 273.6: Violation of a protective order

All of these are taken seriously by prosecutors. Even if the alleged victim later recants or does not want to press charges, the San Diego County District Attorney’s Office may still move forward with prosecution.

Can the Alleged Victim Drop the Charges?

A common misconception is that if the victim wants the case dismissed, it will be. In reality, the decision to prosecute rests solely with the district attorney, not the alleged victim. Actually, California has a no-drop policy in most DV cases, which means prosecutors often proceed even when the victim is uncooperative.

Prosecutorial Discretion and Dismissals

The district attorney has the discretion to dismiss charges before or during trial for reasons that include:

• Insufficient evidence: No physical injuries, no eyewitnesses, or conflicting stories.
• Uncooperative witnesses: The victim refuses to testify or contradicts prior statements.
• Constitutional issues: Unlawful search, coerced confession, or other violations of rights.
• Credibility problems: The accuser has a history of dishonesty or ulterior motives.

A skilled San Diego domestic violence defense attorney can often negotiate with the prosecution to review evidence early and present mitigating facts or alternative explanations. In some cases, the defense may submit a formal motion to dismiss based on a lack of probable cause or failure to meet statutory requirements.

Common Legal Defenses in Domestic Violence Cases

Effective defense strategies can lead to full dismissal or substantial reduction in charges. Here are some of the most commonly used defenses in California domestic violence cases.

False Accusation (DV)

Unfortunately, false accusations of DV in California are not rare. People may fabricate claims out of anger, jealousy, custody disputes, or to gain leverage in divorce proceedings. A defense attorney may highlight inconsistencies in statements, lack of physical evidence, or ulterior motives behind the accusation.

Lack of Intent or Accidental Injury

To secure a conviction, prosecutors must prove intent. If the injury was accidental or not the result of willful harm, the case may be subject to dismissal or reduction.

Self-Defense or Defense of Others

If you were protecting yourself or someone else from imminent harm, your actions may be legally justified. Evidence such as 911 recordings, bruises, or witness testimony can support this defense.

No Visible Injury or Medical Evidence

In misdemeanor cases under Penal Code § 243(e)(1), no injury is required—but the absence of injury can still weaken the prosecution’s claim and support a motion for dismissal.

Unlawful Arrest or Procedural Errors

If your constitutional rights were violated—such as being interrogated without Miranda warnings—your attorney can argue to exclude evidence. In some cases, this results in dismissal.

Pretrial Diversion and Deferred Entry of Judgment

California allows certain defendants to avoid conviction through pretrial diversion or deferred entry of judgment (DEJ) programs. While not technically a dismissal, these programs offer an alternative resolution.

• Eligibility depends on the severity of the charge, prior criminal history, and court approval.
• Participants must complete counseling, community service, or other conditions.
• Upon successful completion, the case may be dismissed and not result in a criminal record.

Your attorney can advocate for diversion, if appropriate, and ensure that participation does not compromise your legal rights.

When Will a Court Dismiss a Domestic Violence Case?

It is essential to understand that domestic violence cases are emotionally charged and politically sensitive. Prosecutors rarely back down unless presented with strong, well-documented reasons.

A judge may dismiss a domestic violence charge in San Diego:

• Upon request by the prosecutor, especially when evidence is weak
• After ruling on a successful pretrial motion (e.g., motion to suppress, motion to dismiss)
• If the jury returns a not-guilty verdict or the prosecution fails to proceed

Why You Need to Have the Right San Diego Domestic Violence Defense Lawyer by Your Side

The path to dismissal is complex and depends on many variables, such as your record, the facts of the case, and the legal arguments available. The earlier you involve a seasoned criminal defense attorney, the better your chances of protecting your freedom and reputation.

At jD Law Criminal Defense Attorneys, attorney James N. Dicks brings over 30 years of experience, including service as a former LAPD investigator. As a Certified Criminal Law Specialist by the California Board of Legal Specialization, Mr. Dicks is also known for aggressively challenging weak charges, exposing false accusations, and defending the constitutional rights of the accused.

Speak With Our Experienced Criminal Defense Lawyer in San Diego

If you have been arrested for domestic violence, do not wait. A charge—even without a conviction—can affect your job, child custody, and immigration status.

At jD Law Criminal Defense Attorneys, we understand the high stakes and have the skill and experience to fight back. Whether you were falsely accused or acted in self-defense, we will work to get your domestic abuse case dropped or reduced.

Call our San Diego criminal defense lawyer today at (760) 630-2000 to schedule a consultation. Because your future is worth defending.