If you or a loved one is facing a domestic assault & battery charge in Oklahoma, one of the first questions you may have is: Who actually presses charges—the alleged victim or the prosecutor?
This is one of the most misunderstood areas of Oklahoma criminal law, and clearing up this confusion can help you understand your rights and how your case may move forward.
The Victim Does Not Decide Whether Charges Are Filed
In Oklahoma, criminal charges are brought by the State of Oklahoma, through the local District Attorney’s office. That means:
- The prosecutor decides whether to file charges. The prosecutor reviews the witness and Police statements and decides if they have a case.
- The prosecutor decides what charges to file. Based on witness statements and other evidence is what helps they decide. An example is in a domestic case if the victim has marks on their neck, the prosecutor may try to enhance the domestic assault to a domestic assault by strangulation which is a felony.
- The prosecutor decides whether charges should be dismissed. This decision is based on the strength of their case and if they have witnesses to testify.
Even if the alleged victim no longer wants to “press charges,” that does not mean the case will go away. This is because the alleged victim is considered a witness, not the party bringing the case. Criminal cases are between. they may continue to prosecute for other reasons. Sometimes the statements made by the accused person are enough to take the case to trial and perhaps win. Still other times the prosecutor can proceed with evidence presented by a treating doctor or other medical provider if one was seen in relation to injuries.
State of Oklahoma vs. Defendant
—not the victim vs. the defendant.
Why Victims Can’t “Drop” Charges in Oklahoma
Domestic violence cases are treated differently from other criminal cases for several reasons:
1. Public Safety Concerns
Oklahoma law recognizes that domestic situations can involve pressure, fear, or manipulation. Prosecutors often proceed even when a victim recants to ensure the victim or other family members remain safe.
2. Mandatory Reporting and Arrest Policies
Oklahoma law enforcement follows specific protocols in domestic assault cases. If officers see evidence of a crime, they often make an arrest—even if the victim does not want one.
3. Prosecutors Can Use Evidence Beyond Victim Testimony
Even if a victim becomes uncooperative, prosecutors may still try to prove the case using:
- Police body camera footage
- 911 calls
- Photos of injuries
- Witnesses (neighbors, children, bystanders)
- Medical reports
- Admissions or statements by the defendant
This means a case can move forward even without the victim’s testimony.
What Happens If the Victim Changes Their Story?
It’s common for victims to later want the charges dropped, especially in:
- Heated arguments that got out of hand are a common scenario is domestic assault $ battery cases.
- Cases involving misunderstandings that once again got out of hand.
- Situations where financial or family pressure exists
- Cases where both parties want to reconcile
Even so, prosecutors may refuse to dismiss the case.
They may:
- File a “Victim Unavailable” notice
- Issue a subpoena to compel the victim to appear, which is a part of all domestic cases in Oklahoma
- Request a material witness warrant in rare cases. This is very rare but is not unheard of.
- Move forward using other evidence like medical testimony or other witness statements including the party being prosecuted.
This is why defendants should never assume the case will disappear simply because the victim wants it dropped.
The Victim’s Rights Still Matter
Although the victim cannot control the case, they still have important rights:
- The right to make a statement
- The right to express their wishes to the prosecutor. It’s common in this kind of case for the victim to send a notarized statement expressing their interest in dismissing the case.
- The right to request protective orders, which include a no contact order.
- The right to request modification or dismissal of no-contact orders
- The right to seek services or counseling
Victims’ voices matter, but they do not have the legal authority to dismiss the charges.
What to Do If You Are Facing a Domestic Assault & Battery Charge
If you have been arrested or charged, you should:
- Speak with an experienced Oklahoma criminal defense attorney immediately
- Avoid contacting the alleged victim without legal advice (you may violate a no-contact order)
- Do not talk to police or prosecutors without representation
- Gather any text messages, photos, or evidence that may help your defense
- Understand that early legal intervention is often critical
Domestic violence cases move quickly, and how you handle the first few days can dramatically affect the outcome.
Tulsa Domestic Assault Lawyers You Can Count On
In Oklahoma, it is the prosecutor, not the victim, who presses charges in a domestic assault and battery case. Even if the victim asks for the case to be dropped, the State may still pursue prosecution. Understanding this process helps you make informed decisions and build a strong defense from the beginning. If you are facing a domestic assault and battery charge anywhere in Oklahoma, the Tulsa domestic assault and battery attorneys at Tulsa Criminal Lawyers Law Firm can help. Call today and get a free consultation at 918-416-0358. You can also get a free online consultation by following this link.