Can a Domestic Violence Case be Withdrawn or Dropped in South Africa?

A domestic violence case can be withdrawn in South Africa, but only under certain circumstances. For example, if the victim goes to court in person and tells the magistrate they want the case dropped, and it’s clear that they’re not being forced, threatened, or manipulated into doing it. The court or the prosecutor must double check this before saying yes.

Other than that, withdrawing this kind of case is basically impossible. In fact, if the State feels that continuing with the case is in the public’s best interest, they will carry on with it — whether the victim wants to or not.

It is however sad that in most cases, the withdrawal of domestic violence cases is not really the victim’s choice. According to stats and research from actual reported cases, a lot of victims are pushed by difficult circumstances to let go of the case. Why? Because the abuser is often the main breadwinner, or he threatens the victim, or the victim still wants the children to have a relationship with their father. Which gets complicated if he’s behind bars.

Withdrawing Domestic Violence Cases

As already highlighted above, you can drop a domestic violence case if the victim goes to court in person and tells the magistrate they want the case dropped, and it’s clear that they’re not being forced, threatened, or manipulated into doing.

But this is not as simple as it sounds. South African courts treat domestic violence cases very differently from other criminal cases. Once a case is opened, it no longer belongs to the victim, it becomes a State case, and only the prosecutor or magistrate can agree to close it.

Looking at South African justice system and the reality of domestic violence in South Africa, we will explore how to drop domestic violence charges as well as what domestic violence charges cannot be dropped in the following section.

How to Drop Domestic Violence Charges in South Africa

If you are the victim and you want to withdraw the charges, here’s what must happen:

1. Go to the same court where the case was opened and request a withdrawal form.
2. You’ll be asked to explain your reason — in writing or in person.
3. A prosecutor may interview you to confirm that this is your decision, and that you’re not acting under pressure or fear.
4. In some courts, especially where the violence involved injury, social workers or court officers may assess the situation.
5. If the prosecutor believes the case must continue for the sake of justice or public interest, they can refuse the withdrawal.

Even if the victim says they are fine or they forgive the abuser, the State can still go ahead with the case if there’s strong evidence — especially if children were involved or physical harm took place.

Domestic Violence Charges That Cannot Be Easily Dropped

Some domestic violence cases are treated as too serious to just let go. Here are examples:

• Cases where the abuser was arrested on the spot – Police are now required by the amended law to make arrests if they see signs of assault or serious threats. The prosecutor will likely proceed even if you change your mind later.
• Cases involving injuries, weapons, or strangulation – These are seen as attempted murder or assault with intent to do grievous bodily harm (GBH), and fall under the Criminal Procedure Act.
• Cases where children are in danger – If the court believes that children may be affected or are witnesses to abuse, they will push the case forward for their protection.
• Repeat offenders – If the accused has a previous domestic violence record, even from years ago, your case will likely not be dropped.

With the recent changes in the law — especially the 2023/2024 amendments to the Domestic Violence Act — the justice system now looks more closely at why victims withdraw. If there’s any sign that the withdrawal is not 100% free and voluntary, the prosecutor is allowed to ignore the request and move ahead.

So yes, domestic violence cases can be withdrawn, but only under strict conditions — and not all cases qualify. The law now protects the victim more than before, but it also removes the option to walk away quietly if serious harm was involved.