Concerning domestic battery, there is a general rule that a spouse does not have to testify against their spouse. However, if a wife is accusing the husband of hitting her, there’s an exception in a Kansas statute that if a spouse is a victim, they do have to testify against the other spouse. What a victim can do is they can file with the state prosecutor asking them to drop the charges. This is called declining prosecution. A common misconception is that the state has to drop the charges. That is not the case because it is an offense against the state, not against a person.
A lot people will say, “I don’t want to press charges, they need to drop them.” This is simply not the way it works. The county attorney’s office or the district attorney’s office that are handling a case are the ones who decide whether a case goes forwards or gets dismissed. It is not the victim’s decision, it’s the state’s.
Call us today to speak with our Southwest Kansas domestic battery lawyers about your case.