One of the most common questions we receive on Domestic Violence Charges in Texas is whether or not Domestic Violence Charges Can Be Dropped.
If you’re the victim of domestic violence and charges are filed against your spouse or family member in Texas, then you have no ability to directly drop the charges. It’s the prosecutions job to ensure that whoever commits domestic violence is charged to the fullest extent of the law in order to protect the defendant from further violence. However, as the victim, you will play an essential role in the criminal case. Keep in mind that you are NOT required to testify in court, and possibly not even offer your opinion on the behavior of the defendant.
While you cannot drop charges of domestic violence, you can recant your original statements to the officers and investigators of the criminal defense case.
Example of a domestic violence case
Let’s examine an example of a criminal defense case where the victim wants to drops the charges against the suspect:
In this example, John Doe has PTSD and takes medication on a regular basis to help with outbursts of violence. He forgets his medicine one morning and Jane Doe is assaulted by her spouse. The police arrive due to a call of a domestic violence complaint and take the husband into custody. He is charged with domestic violence.
His wife, Jane Doe, is more or less okay after the assault and wants her husband back and to make sure he’s doing alright after missing his medicine. She finds out that he’s still being charged for the crime and requests that the charges be dropped. While the case is still ongoing, despite her requests, she still can greatly help him get his case dismissed.
Does the victim or the prosecutor drop criminal charges?
Only the prosecutor has the ability to decide whether to press domestic violence charges or not. However, if the victim pleads strongly and publicly enough, sometimes they can push the prosecutor to drop or dismiss all charges.
Getting Domestic Violence Charges Dropped in Texas
First off, you as the victim or your spouse/relative if you’re the defendant does not file assault or domestic violence charges in Texas. This is because it is a criminal case where the State of Texas files the charges against the defendant.
However, let’s look at what you can do. As the victim, you may request the prosecution drop the charges, but the prosecutor is doing what they think best based on the evidence. Many times the victim will lie to protect the spouse even when it isn’t in their best interest to do so. This makes the prosecution skeptical when the only defense is a request or testimony.
Since emotional abuse is commonly found in cases of domestic violence, the prosecutor is looking to make sure that you haven’t been manipulated that that you are fully aware of the potential danger that you could be in if the prosecution drops the charges against the offender.
Finally, keep in mind that if the abuser assaults you after the prosecution drops the charges, then the prosecutor will be held at least in part accountable for the assault.
Your best bet in getting domestic violence charges dropped and maintaining your own personal safety in the highest regard is to first speak with a trusted domestic violence defense attorney that can evaluate and investigate the case fully, make the assessment, and then provide an effective argument for you to make to the prosecution.
Why hire a domestic assault defense attorney
That’s why it’s important to engage an experienced Fort Worth domestic assault defense lawyer to handle your case. In fact, it’s best not to speak to prosecutors at all if you want a domestic assault charge to be dropped. Instead, go directly to a defense lawyer.
As your defense attorney, we can provide our own investigation of the case and its circumstances by gathering testimony and evidence, which can be used to persuade a prosecutor to dismiss or at least reduce a domestic violence charge.
As your defense lawyer we can also work with prosecutors to get a domestic assault charge dismissed or at least reduced. But if the case still goes to court, your defense attorney can fight for the legal rights of the defendant at trial.
A charge of assault or domestic violence can be extremely serious, with punishments including fines and prison time. You should hire the best Tarrant County criminal defense lawyer you can find to handle your case.
What you can do if you or your spouse has been charged with Domestic Violence
If you’ve been charged with domestic violence in Fort Worth or anywhere in Tarrant County, reach out to Cofer Luster Law Firm, P.C. for the legal help you need. Schedule a confidential consultation by calling us at 682-777-3336.