Cofer Luster Criminal Defense Lawyers | August 20, 2024 | Domestic Violence
Domestic violence (or family violence) involves an assault on someone who has a specific relationship with you. These serious criminal charges could result in legal and collateral consequences impacting many areas of your personal and professional life. Additionally, domestic violence accusations are often accompanied by protective orders that could require you to move out of your home and limit your freedoms.
However, what happens if the alleged victim changes their mind? Maybe they called the police in the heat of an argument, but now they don’t want to press charges. Can a domestic violence victim drop the case in Texas?
What Happens If a Victim Does Not Want to Press Domestic Violence Charges in Fort Worth, TX?
If you are arrested for domestic violence, the state is the prosecuting party. That means a prosecutor decides whether to move forward with your criminal case. Therefore, only they can dismiss a domestic violence charge.
The prosecutor may consider a victim’s lack of cooperation when deciding whether to proceed with a criminal case, but it is only one factor. If the victim refuses to testify, the prosecutor could ask the court to subpoena them. When a victim changes their testimony from the time of the arrest, the prosecutor can move to impeach their testimony.
An uncooperative witness can pose a problem for a prosecutor in a domestic violence case in Fort Worth. However, the prosecution may decide to move forward if they believe there is sufficient evidence to prove guilt without the victim’s testimony.
Other factors could impact the prosecutor’s decision on whether to proceed despite the victim’s desire to drop the charges. The prosecution might decide to prosecute a domestic violence case if the defendant has a history of domestic violence or violent crimes.
The seriousness of the crime could also be a factor in the decision. If the prosecutor believes the defendant is a threat to the public, they may proceed even though the victim does not want to press charges.
Can a Domestic Violence Victim Drop an Order of Protection in Texas?
A domestic violence victim can petition the civil court for a protective order to prevent continued acts of family violence.
Protective orders can dictate several specific terms to the accused, including but not limited to:
- Keeping a specific distance from the victim
- Not contacting or communicating with the victim and other family members
- Ceasing all attempts to threaten or harass the victim and family members
- Not possessing any firearms or weapons
- Stopping all violence against the victim and other family members
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
What Should You Do If You Are Arrested for Domestic Violence in Fort Worth, TX?
Domestic violence can be charged as a misdemeanor or a felony. The penalties depend on the specific crime being charged and its severity. For example, a Class A misdemeanor domestic violence conviction may be punished by up to one year in jail and a maximum fine of $4,000.
However, felony charges carry much harsher sentences. A third-degree felony domestic violence conviction can result in two to ten years in state prison and a fine of up to $10,000. A second-degree felony domestic violence conviction increases the prison sentence by up to 20 years.
If you are arrested in Texas, call a Fort Worth domestic violence attorney immediately. A criminal defense lawyer can provide advice and guidance to help you fight your charges.
Potential defenses to domestic violence include, but are not limited to:
- Lack of evidence
- Self-defense
- False accusations
- Violations of your constitutional rights
- Challenges to forensic evidence
- Alibi and/or mistaken identity
Do not resist arrest or try to argue with the police officers, or you could face additional criminal charges. Instead, ask to speak with an attorney and invoke your right to remain silent. The more you talk to the police without a lawyer, the more evidence you give the prosecutor to use against you in criminal court.
If you have questions about domestic violence charges, contact our Fort Worth criminal defense lawyers for a confidential consultation.
Contact The Fort Worth Domestic Violence Law firm of Cofer Luster Criminal Defense Lawyers for Legal Help Today
For more information, please contact the domestic violence law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve Tarrant County and Fort Worth, TX surrounding areas.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101, Fort Worth, TX 76102