Magistrate warns of increase in requests for court to drop violence cases
Magistrate Donatella Frendo Dimech suggests those who file complaints that aren't genuine should pay for expenses
A magistrate has flagged the increasing number of cases in which domestic violence victims withdraw complaints filed against alleged perpetrators.
She noted that while some cases are genuine, others appear to abuse the system to gain leverage in civil disputes.
Magistrate Donatella Frendo Dimech said it was time for the law to allow magistrates to order the payment of expenses when the courts are not satisfied that a case is genuine.
She made these remarks in a case involving a man charged with threatening his partner, injuring her, and causing her to fear him in November 2025.
The man was arraigned after the victim filed a complaint. However, once proceedings began, the victim withdrew the complaint and insisted she had not been forced to do so.
“The court would be failing in its duty if it ignored the worrying increase in cases where domestic violence victims make a report - prompting investigations that consume significant human and economic resources, borne by society- only to later withdraw it,” the magistrate said.
She warned that this trend may indicate an abuse of the law, which could ultimately undermine protection for genuine victims.
In some cases, victims may be coerced into forgiving their alleged abusers, while in others, false claims may be made to gain an advantage in related disputes.
The magistrate also expressed concern that the provisions of Article 543E of the Criminal Code are being misused and may be counterproductive to justice.
The law allows victims of domestic violence to request a stay of proceedings, leaving it up to the court to decide whether the case should continue.
In this case, the magistrate said, the fact that the victim withdrew the complaint raised a doubt that had to go in favour of the accused.
The magistrate argued that it can no longer be the case that individuals bear no responsibility for the resources used in such proceedings.
“The time has come for society to no longer shoulder the cost of potentially capricious decisions,” she said.
She ordered that a copy of the ruling be sent to the Justice Minister and Parliament.