Cofer Luster Criminal Defense Lawyers | September 17, 2025 | Domestic Violence
Domestic violence in Texas covers a wide range of harmful behavior, including physical attacks, threats, stalking, and, in some cases, emotional abuse. For something to be considered domestic violence, the incident must take place between family or household members. Many defendants wonder if the alleged victim can simply drop the charges after calling the police, but the reality is more complex.
The Victim Cannot Decide to Drop Domestic Violence Charges
In Texas, it’s police officers and prosecutors — not the victim — who decide whether a family violence case moves forward. Once an alleged domestic violence crime has been reported, authorities have the power to proceed in court independently of the victim’s wishes.
The state sees domestic violence as a crime against society and public safety, not just against one victim. Additionally, it’s a real possibility that someone accused of domestic violence might pressure victims to recant their accusations. It’s also possible that victims may not want to move forward because they are financially dependent on the alleged abuser. For these reasons, it doesn’t matter if the victim doesn’t want to press charges; it’s ultimately always up to the prosecutor.
Prosecutors Will Consider a Victim’s Request
Although alleged victims can’t automatically drop domestic violence charges in Texas, their wishes are still taken into account. When a victim asks the prosecutor to drop or dismiss charges, the prosecutor will carefully review the situation before making a decision.
All the facts are considered, including the nature of the incident, whether there are injuries, the criminal history of the accused, any patterns of past abuse, and the strength of other evidence besides the victim’s statement.
Prosecutors understand that forcing someone to testify can be stressful and sometimes retraumatizing. They generally try to avoid putting victims through testimony when it can be harmful or unnecessary. However, if the allegations involve serious harm, repeated abuse, or clear threats to safety, prosecutors may decide to proceed, even if the victim objects.
Other Evidence the Prosecutor Can Use Besides Victim Testimony
Even when a victim asks to drop domestic violence charges or refuses to testify, the prosecutor can still pursue the case using other types of evidence. This often includes:
- 911 calls: Recordings of emergency calls placed during or after the incident, which may capture panic, fear, or admissions by those present.
- Police body camera footage: Videos from the officers’ body camera footage can show injuries on the victim or may even show fighting between the defendant and the victim.
- Witness testimony: Neighbors, children, or bystanders who heard or saw the incident may testify to what they saw.
- Medical records: Documentation of injuries — regardless of whether the victim chooses to testify — can be useful.
Even if the victim does not cooperate, a prosecutor may move forward using this type of evidence.
Defense Strategies When The Victim Wants to Drop Charges
If an alleged victim wants to drop domestic violence charges, it may open up more paths for the defense to fight back against these charges. Here’s how:
Pointing Out Weaknesses in the State’s Case
If the prosecution has little evidence outside the victim’s statement, like no photos, witnesses, recorded threats, or medical records, it becomes much harder for them to pursue the charges successfully. When there just isn’t that much other evidence, it’s much easier for your criminal defense lawyer to argue that you should be found not guilty.
Highlighting Inconsistencies in Reports or Testimony
Victims who no longer want to pursue charges often change their stories once they get to court. If the victim contradicts their earlier statement or recants entirely, your attorney may emphasize these inconsistencies to challenge the credibility of the state’s case.
Negotiating a Dismissal or Reduced Charges
When a prosecutor has a victim who doesn’t want to cooperate, they are often more likely to agree to a favorable plea deal for the defendant. Your lawyer can work to get your charges reduced, secure alternative dispositions like counseling, or even get the case dismissed, depending on the other available evidence.
Contact Cofer Luster Criminal Defense Lawyers for a Consultation With a Fort Worth Criminal Defense Lawyer
If you’re facing domestic violence charges in Texas, you may feel overwhelmed — especially if the alleged victim wants to drop the charges. These cases are complex, and your freedom and reputation are on the line.
At Cofer Luster Criminal Defense Lawyers, we understand how prosecutors handle domestic violence cases and can challenge weak evidence.
Contact us today for a consultation with a Fort Worth criminal defense lawyer and get the support you need to fight back.
Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102