A sample letter to the DA to drop domestic violence charges is formally called an affidavit of non-prosecution, and sending one does not guarantee dismissal. The district attorney decides whether charges move forward, and in many offices your request is one document in a larger file rather than a decisive vote. A well-written, notarized affidavit still matters, because it puts your current wishes on the record and forces the prosecutor to weigh them. Here is what to write, how to submit it, and what you need to understand before you sign anything.
Sample Affidavit of Non-Prosecution
Use this as a starting point. Adjust it to your jurisdiction’s requirements, and have an attorney review it before you submit. Replace bracketed text with your own information.
[Your Full Legal Name]
[Your Address]
[City, State, ZIP]
[Phone Number]
[Date]
[District Attorney’s Name]
[District Attorney’s Office]
[Office Address]
[City, State, ZIP]
Re: Request for Dismissal of Charges
Case Number: [Case Number]
Defendant: [Defendant’s Full Name]
Charges: [List Charges]
Date of Incident: [Date]
Dear [District Attorney’s Name or “Assistant District Attorney”],
My name is [Full Name], and I am the complaining witness in the above-referenced case. I am writing to respectfully request that the charges against [Defendant’s Name] be dismissed.
[Explain your reasons. For example: “Since the date of the incident, [Defendant’s Name] and I have reconciled and are attending counseling together. I believe the situation that led to the arrest was an isolated event, and I do not believe prosecution serves my interests or my family’s well-being at this time.”]
I am making this request voluntarily, of my own free will, and without any pressure, threats, or promises from the defendant or any other person. I understand that the decision to dismiss or proceed with charges rests with the District Attorney’s office and that this request may not result in dismissal.
I also understand that providing false information in this statement may expose me to criminal liability, including charges related to filing a false report or perjury.
I do not wish to testify against the defendant or to be subpoenaed as a witness in this matter. If the charges are dismissed, I will not hold the District Attorney’s office responsible for that decision.
Thank you for your consideration.
Sincerely,
[Signature]
[Printed Name]
[Date]
[Notary block — sign in front of a notary before submission]
What the Letter Must Contain
Before you draft anything, call the district attorney’s office and ask whether they use a required form. Some offices hand out their own affidavit and will set your letter aside if you do not use it. Whether you use their form or your own, the document needs the following:
- Your full legal name, date of birth, address, and phone number, so the office can match your request to the correct file.
- The defendant’s full name, the case or cause number from your court paperwork, the charges filed, and the date of the incident.
- A direct statement that you are asking for the charges to be dropped and that you do not wish to appear as a witness or be subpoenaed.
- Your reasons, stated specifically and honestly. Reconciliation, a belief the incident was isolated, changes in circumstances, or a desire to preserve the family are all common.
- A voluntariness statement affirming that no one threatened, coerced, or promised you anything to write the letter. Prosecutors scrutinize this part closely.
- An acknowledgment that the DA may proceed with prosecution regardless of your request and that you understand the consequences of false statements.
Most jurisdictions require the affidavit to be signed in front of a notary public. An unnotarized letter carries less weight. Some DA offices also require you to meet with an assistant district attorney in person before accepting the affidavit, so you may need to schedule an appointment rather than mail the document.
Why the Letter May Not End the Case
In every criminal case, the government prosecutes; you are a witness, not a party. You cannot drop charges because they were never yours to file. The district attorney weighs your wishes alongside the strength of the evidence, the defendant’s history, the severity of the alleged offense, and the ongoing safety risk.
Many jurisdictions have adopted no-drop prosecution policies for domestic violence cases. Under these policies, the office moves forward with legally sufficient cases whether or not the complaining witness cooperates.1Office of Justice Programs. Batterer Intervention Programs: Where Do We Go From Here? Under evidence-based prosecution, the DA builds the case using 911 recordings, responding officers’ observations, photographs of injuries, medical records, witness statements from neighbors, and physical evidence from the scene. If that evidence is strong enough without your testimony, your letter changes very little about how the prosecutor evaluates the case.
Research consistently shows that reluctance to cooperate in domestic violence cases is common and often driven by safety concerns or economic dependence on the accused, and prosecutors are trained to expect it.2Prosecutorial Performance Indicators. Reject Dismiss Final Report
Legal Risks of Recanting
Here is where many people get into trouble. If your letter suggests that your original report to police was exaggerated or untrue, you may be opening yourself to criminal liability. Recanting a prior statement can trigger an investigation into whether you filed a false police report, a criminal offense in every state. Knowingly providing false information to law enforcement is typically a misdemeanor, and in cases involving serious alleged crimes it can be charged as a felony.
If you gave a sworn statement or testified under oath and later contradict that testimony, you could also face perjury charges. Under federal law, perjury carries a penalty of up to five years in prison.3Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally State perjury laws vary but carry similar consequences.
Frame the letter around your current wishes, not around a claim that your original report was false. “I have reconciled with the defendant and no longer wish to participate in prosecution” is a statement of preference. “Nothing happened that night” could be an admission that you filed a false report. An attorney can help you keep the two apart, and that is one of the strongest reasons to get legal advice before putting anything in writing.
If Someone Pressured You to Write This
If the defendant asked you to write the letter, or if anyone connected to the defendant pressured, threatened, or offered you anything in exchange for writing it, that conduct may be witness tampering or obstruction of justice. Every state and the federal government criminalize attempts to intimidate, coerce, or persuade a witness to withhold testimony or refuse to cooperate. Penalties are often felony-level and can be more serious than the underlying domestic violence charge.
Prosecutors look for signs of coercion in non-prosecution requests. If the office suspects the letter was not truly voluntary, the defendant could face additional charges and the prosecutor may become more determined to take the original case to trial. If someone is pressuring you, contact the National Domestic Violence Hotline at 1-800-799-7233 before taking any action.4The National Domestic Violence Hotline. The National Domestic Violence Hotline
What Happens After You Submit It
The prosecutor does not simply grant or deny the request like a form at the DMV. The letter triggers a review. The office may ask to meet with you in person, partly to verify your identity and partly to test whether the request is genuinely voluntary. Expect direct questions about whether the defendant or defendant’s family contacted you, whether you feel safe, and whether you understand what happens if the case is dismissed. The office may also consult with victim advocates or social workers already familiar with your case.
The prosecutor then weighs your request against the independent evidence. If the case relies almost entirely on your testimony and you refuse to cooperate, the prosecutor may have to dismiss. If the file contains 911 recordings, medical records, photographs, and corroborating witnesses, the case can proceed without you.
Even when the prosecutor agrees to dismiss, the court must approve. A judge reviews the recommendation and the circumstances, including compliance with any protective orders, participation in counseling, and any ongoing safety risk. Dismissals come in two forms:
- Dismissal without prejudice. Charges are dropped, but the prosecutor can refile them later within the statute of limitations. This is the more common outcome.
- Dismissal with prejudice. The case is permanently closed and cannot be recharged. Courts grant this sparingly in domestic violence cases.
Most domestic violence dismissals are without prejudice, so the case is not truly over from a legal standpoint.
Protective Orders and Custody Are Separate
Dropping charges does not dissolve a protective order. Protective orders are civil orders and remain in effect until a court lifts them, regardless of what happens in the criminal case. If you later need a new protective order and have a history of requesting dismissals, a judge may question the credibility of that new request.
In custody proceedings, dismissed charges do not carry the weight of a conviction, but they do not disappear either. The arrest record and police reports remain part of the public record. In a later custody dispute, a family court might treat the dismissal as evidence the incident was not serious, or it might raise questions about your judgment and the children’s protection.
Alternatives to Full Dismissal
If your goal is to avoid a harsh outcome rather than erase the case, there may be options between full prosecution and full dismissal. Many jurisdictions offer diversion or intervention programs for domestic violence cases. These typically require the defendant to complete counseling, anger management, or a structured abusive partner intervention curriculum, and successful completion can result in reduced or dismissed charges. Eligibility varies, and most programs exclude defendants charged with violent felonies, those with prior domestic violence convictions, or cases involving weapons.
Plea agreements are another possibility. The defendant might plead to a lesser charge in exchange for completing treatment, performing community service, or complying with probation. These outcomes keep some court oversight in place while acknowledging your wishes.
Safety Resources
If you are unsure whether to proceed, or if you are being pressured to write this letter, free and confidential help is available. The National Domestic Violence Hotline can be reached at 1-800-799-7233, by texting START to 88788, or at thehotline.org. Trained advocates can help you build a safety plan, connect you with local shelters, and talk through your legal options without judgment.4The National Domestic Violence Hotline. The National Domestic Violence Hotline