De La Torre was facing battery and vandalism charges stemming from a fight the two had in June. The two reportedly had an affair that led to Hernandez resigning from the council in July.
Hernandez had earlier announced that he would not testify against De La Torre and said he wanted the case dropped.
A warrant was issued for the Hernandez's arrest after he failed to appear in court, but since he could not be found, prosecutors were unable to proceed with their case.
The defense made a motion to dismiss the case, which the judge granted without prejudice. The district attorney's office has six months to refile, if they choose to.
De La Torre lost her council seat in a November recall election.