[MO] Can the victim help dismiss a domestic violence charge?

Lexi, Chatbot

I understand that this is a difficult situation for both you and your partner. Can you tell me if there have been any prior incidents or charges related to this case?

Lexi, Chatbot

Have you already spoken to a lawyer about this matter, or are you seeking legal representation for the first time?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with the domestic violence charge.

Andres Sanchez

Hello, my name is Andres Sanchez and I am an attorney with 20 years of experience. Have you spoken with the police?

Andres Sanchez

If you're the alleged victim in a Domestic Assault 3rd Degree case in Missouri and want to help your partner, you do have options—but there are critical legal boundaries to be aware of.

Here's what you can and can't do, and how the process generally works:

Domestic Assault in the 3rd Degree (RSMo § 565.074) is a Class A misdemeanor, punishable by:

1. Up to 1 year in jail, and/or
2. A $2,000 fine

It involves causing physical injury, placing someone in apprehension of injury, or recklessly causing harm.

What You Can Do as the Victim

1. Contact the Prosecutor
You can reach out to the prosecutor's office and express your wishes, such as:

• That you do not want to pursue charges,
• That you want leniency, or
• That you wish to recant or clarify your statement.

Note: The State of Missouri brings the charges, not you, so the prosecutor is not obligated to dismiss the case.

2. Submit a Declination of Prosecution Letter
This is a formal statement that you do not wish to press charges.

Include:

• Case number and names
• Statement that you’re not in fear
• Why you want the case dismissed

Do not lie or claim something untrue—you could be charged with filing a false report or obstruction.

3. Request a Modification of No-Contact Order (if applicable)
If there's a criminal no-contact order, you can file a request with the court or prosecutor to modify or remove it, especially if you want to resume contact or cohabitate.

The judge decides whether it's in the interest of safety and justice.

4. Testify Honestly
If you’re subpoenaed, you must appear in court and tell the truth.

If the case proceeds to trial, you will likely be called as a witness.

5. Hire Your Own Attorney (Optional)
You can hire your own counsel to advise you about your rights and help you interact with the prosecutor or prepare any statement or motion.

The main thing is to let the prosecutor know why you would like them to cut him a break.

Andres Sanchez

Try and focus on the fact that you are not in fear and don't wish for him to be prosecuted. You can check with the local prosecutor's office, which may have a form for you to complete.

If you create a letter yourself, simply address it to the prosecutor's office in a standard letter format.

Andres Sanchez

No worries. My pleasure.