Prosecutorial Decision Making in Domestic Violence Cases: Are Prosecutors Holding Offenders Accountable?

This article examines prosecutorial decision making in domestic violence (DV) cases, using the focal concerns theoretical framework to analyze which legal and extralegal factors influence whether prosecutors file charges. Drawing on data from 731 misdemeanor and felony DV cases in an urban Florida county (2017–2018), the study finds that factors affecting filing decisions differ by case severity. For misdemeanors, the presence of a weapon decreased filing likelihood, while for felonies, victim requests not to prosecute and representation by a public attorney reduced filing odds. Male defendants and offenders with prior non-domestic arrests or protection orders were more likely to have charges filed, but many expected risk indicators, such as prior DV arrests or victim injury, had little impact. The findings highlight the complexity of prosecutorial discretion in DV cases and underscore the need for further research to better understand how filing decisions relate to victim safety and offender accountability.