How Do I Write a Letter to Drop Charges

You and your partner have had an argument and the police have been called. Since then, you have talked, maybe reconciled. There is a court date ahead for an ADVO against your partner that you don’t want to go ahead with. You are now looking at how to change this.

Here is the straight answer. If police have put an order in place, or charges have been laid, the case is no longer you versus your partner. It is the police versus the defendant, and only the police or the Director of Public Prosecutions can withdraw it. You cannot drop the charges yourself, and there is a good reason for this. It’s so people who are at risk aren’t coerced or threatened to drop a matter when they are in need of protection.

What you can do is put your position on the record through a formal document called a statement of no complaint.

Police will weigh it, but the decision is made on a number of factors, not just the wishes of the person the order is being made to protect. This page covers what a statement of no complaint is, how to make one in NSW, and what actually happens next. (If your question is who decides and when charges get withdrawn, read our guide on can you drop charges against someone before court?)

What is a statement of no complaint?

A statement of no complaint is a formal statement to police saying you do not want the prosecution against the accused to continue. That is the whole document: your position, in your words, on the record.

What it does is narrower than most people hope. Domestic violence offences in NSW sit under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and decisions to continue or withdraw a prosecution are made under the ODPP Prosecution Guidelines. Your statement is one factor in that decision. It is considered, genuinely, but it is a submission, not an outcome.

It is also not the same as withdrawing the AVO itself. That is a separate application with its own process; see our guide on withdrawing a police AVO.

How to make a statement of no complaint in NSW

Before you start, have your photo ID and the event number or charge details (from any police paperwork or bail documents) ready. Make sure you get independent legal advice before making a submission, because these matters are not always as straightforward as they seem.

1. Get your own legal advice before you sign anything. Your statement of no complaint will be compared with your original statement. If the two conflict, you can be asked hard questions about which one was false. Knowingly making a false statement is a criminal offence. Making a false accusation carries up to 7 years imprisonment under s 314 of the Crimes Act 1900 (NSW). Our AVO lawyers will make sure your statement is accurate, safe, and says what you actually mean. If cost is a barrier, Legal Aid NSW can also advise you on how to proceed.
2. Contact the officer in charge of the matter, or attend the station. The officer in charge is named on the charge paperwork. Tell them you want to provide a statement of no complaint.
3. Set out what you want withdrawn and why, in your own words. Be truthful. Do not recant facts that are true; say what you want to happen and why, without rewriting history.
4. Police record it and refer the decision to the prosecutor. The police prosecutor (or the DPP for serious matters) then decides whether the case proceeds, using the prosecution guidelines.

The letter that goes with it

A short letter is a sensible way to request the process and put your position in writing. Be clear on what it is, a request for consideration, not a letter that ends the case.

Here is a template you can adapt for a domestic violence matter:

[Your Name] [Your Address] [City, State, Postal Code] [Email Address] [Phone Number] [Date]

The Officer in Charge / Police Prosecutor [Police Station or Court Name] [Address]

Subject: Statement of No Complaint, [Case Name/Number]

Dear Officer,

I am the named complainant in the above domestic violence matter. I am writing to advise that I do not wish the prosecution to continue, and to request the opportunity to provide a statement of no complaint.

I understand the charges involved are serious. After careful consideration, and after obtaining independent legal advice, I do not want to participate further in this case. [If comfortable, briefly state your reasons.]

I understand the decision to continue or withdraw the charges rests with the police and the prosecution, not with me. I ask that my position be taken into account when that decision is made.

This is not a decision I have made lightly, and I have not been pressured by any person to write this letter.

Yours sincerely,

[Your Name]

Notice what the letter does not do. It does not say the original statement was false, and it does not promise the case will end. Which brings us to the part most people are not told.

Why police sometimes keep going anyway

We acted in a matter that shows exactly how this plays out. A husband was charged after a domestic incident and could not return home.

The next day, the wife changed her mind and told police she didn’t want him to be charged and wanted him actually to come home. Sounds like it should be over, right? The police said: we’ve got her original statement, the triple-O phone call, statements from neighbors who heard the yelling, so even without her cooperation we can still run the case.

That is the reality of DV prosecutions in NSW. Police build the case from day one so it can run without the complainant, knowing the complainant may later withdraw. The evidence they rely on to continue includes:

• Your original signed statement
• The triple-0 recording
• Photographs of injuries or property damage
• Body-worn camera footage from attending officers
• Statements from neighbours and other witnesses

The final filter is the test in the prosecution guidelines: is there a reasonable prospect of conviction, and does the public interest require the prosecution to continue? In practice, prosecutors weighing a domestic violence withdrawal also ask whether it is genuinely free of pressure. A statement of no complaint carries the most weight where the case rests almost entirely on your evidence and the other proof is thin.

How police and courts read your statement

Expect scrutiny, not suspicion of you personally, but a deliberate check that your statement is voluntary. If police suspect you were pressured or intimidated into withdrawing, expect that to be investigated rather than accepted. Your statement also becomes part of the evidence: if it contradicts your original account, the inconsistency itself can be tested. Truthful, consistent, and voluntary is the only safe way to make one.

What about an apology letter?

This is a different document, from the defendant, that does a different job. An apology letter is written by the defendant, not the complainant, and it is considered during sentencing. It is a sincere apology that shows remorse and can work as a mitigating factor if the defendant pleads or is found guilty. It doesn’t end the charges. If you are the defendant reading this, get legal advice before writing anything; a poorly worded apology can read as an admission.

If you are thinking about providing a statement of no complaint, talk to us first. My team and I deal with police prosecutors regarding these matters every week. A free discovery call on 1300 614 732 will help you to understand what your statement can realistically achieve and how to make it safely. No pressure, no judgment, just honest advice.