Can an Alleged Victim Drop Domestic Violence Charges in Texas?

In the heat of the moment, we can all say and do things that we regret. Domestic violence situations often involve these regrettable actions.

So do false domestic violence accusations.

There are a handful of reasons why an alleged victim would report domestic violence. Still, before they know it, they are faced with testifying in court and seeing their partner face jail time, custody loss, or other penalties.

The whole case would be dropped if the victim just took back their accusation, right?

Not so fast. Even if the alleged victim was the sole witness to the alleged domestic violence, they alone could not drop charges unless new information has been provided detailing a domestic violence crime has not occurred. Alleged victims can, however, have a big impact on the outcome of a case.

In this post, we will detail how you and your criminal defense attorney in Fort Worth, TX can work with an alleged victim of domestic violence to help get your case dismissed.

What Is a Domestic Violence Charge?

Domestic violence can take many forms. It is not just physical harm, for example, hitting or pushing. It can also include emotional abuse, such as constant criticism or threats, sexual abuse, financial control, or even stalking. Essentially, any behavior that one person uses to control or harm another within a domestic setting can fall under domestic violence.

When someone is charged with domestic violence, it means that law enforcement believes there is enough evidence that a crime has been committed. This charge can come about in several ways. Often, it starts with a call to the police by the victim or a witness. The police will then investigate, which may include talking to witnesses, examining any physical injuries, and gathering other evidence, such as messages or recordings. If the evidence suggests a crime has occurred, the police can make an arrest.

Once arrested, the accused will go through the legal system. They may face various consequences, including jail time, fines, mandatory counseling, and restraining orders that prevent them from contacting the victim. The severity of the penalties depends on the nature of the abuse and whether the accused has a history of such behavior.

Being charged with domestic violence is not the same as being convicted. A charge is an accusation, and the accused has the right to defend themselves in court. To secure a conviction, the prosecution must prove beyond a reasonable doubt that the accused committed the crime.

Why Can’t Texas Domestic Violence Victims Drop a Case?

Before we get into what alleged victims can do, let's talk about why they alone can't drop the charges against you.

When Prosecutors Have "No Drop" Policies – Domestic violence is a crime in Texas. When someone is accused of domestic violence, the State takes up the issue, rather than the victim – and the State will not drop the charges just because the victim takes back their accusations.

Texas wants to create a safe environment for people throughout the State. Over 80% of domestic violence victims may recant their statements, but their intentions are not always for their benefit or the safety of their community.

Sometimes, victims recant out of fear, the charges are dropped, and the abuser continues to abuse the victim. Continuation of abuse is not something that law enforcement wants to happen, so the word of victims is not always the final word.

Potential Legal Penalties for a Domestic Violence Conviction

When someone is convicted of domestic violence, they can face a variety of legal penalties. These penalties depend on the severity of the offense, any prior convictions, and the specific laws in the jurisdiction where the offense occurred.

• One of the most common penalties for a domestic violence conviction is jail or prison time. The length of the sentence can vary widely. For a first-time offense that involves minor physical harm, the offender may face a short jail sentence, perhaps a few months. However, more severe cases involving significant injury, repeated offenses, or the use of a weapon can result in several years in prison.
• In addition to incarceration, fines are another potential penalty. The court may require offenders to pay significant amounts of money, which can range from hundreds to thousands of dollars. These fines are meant to act as a financial punishment and can also help cover some of the costs related to the court process and victim support services.
• Probation is another common penalty. Instead of, or in addition to, serving time in jail, the court may place an offender on probation. During this period, they must comply with various conditions the court sets, such as regularly checking in with a probation officer, attending counseling or anger management programs, and staying away from the victim. Violating these conditions can result in the offender being sent to jail.
• Oftentimes, the courts issue restraining orders – also known as protective orders in domestic violence cases. These orders legally prohibit the offender from contacting or coming near the victim. Violating a restraining order can lead to additional criminal charges and penalties.
• Mandatory counseling or educational programs are often required for those convicted of domestic violence. These programs aim to address the underlying issues that contribute to abusive behavior, such as anger management or substance abuse problems. Completing these programs is typically a condition of probation.
• In some cases, a domestic violence conviction can also result in the loss of certain rights. For example, an offender may lose the right to own firearms.

What Alleged Victims of Domestic Violence in Texas Can Do to Help

Not all domestic violence or family violence accusations come from an alleged victim approaching law enforcement. If the police enter a scene that appears to be domestic violence, they will be encouraged to act and arrest the person that they believe is the abuser. They may misinterpret the situation and make a mistake.

Other times, as mentioned above, one partner might make a false accusation then later regret it. In any case, their testimony can have a significant impact on the outcome of the case.

If the alleged victim genuinely and sincerely wants the case to be dismissed, they have a few options:

• They can talk directly to the prosecutor. Remember, it is up to the prosecutor to drop the charges. It is unlikely that a simple request to dismiss the case will result in dropped charges, but it is worth the effort to call and make certain the prosecutor is aware of any facts that show a domestic violence crime did not occur.

For instance, if the alleged victim was unclear in the original statement as to whether she suffered any injury or pain, the alleged victim must share this fact with the prosecutor. Why? Because physical pain is an element of the crime of domestic violence assault that the prosecutor must prove. This new fact creates exculpatory evidence that shows the person charged with the crime did not commit a crime.

• They can give testimony in favor of the defendant. Throughout the case, it will be up to the alleged victim to recant their testimony and show that they want charges dropped. Suppose the domestic violence case proceeds to a jury trial. In that case, the alleged victim can recant their testimony or provide any vital information to clear up any confusion about what happened. A criminal defense lawyer can help you through this process.
• They can provide an Affidavit of Non-Prosecution. An affidavit of non-prosecution requests for the case to be dropped will not result in a dismissal. Instead, a testimony that outlines facts that create reasonable doubt for the domestic violence charge can be extremely helpful in disposing of a case.

For example, suppose an alleged victim realizes that the original police reports did not accurately reflect what happened because they were in an emotional state that clouded their judgment. In that case, the alleged victim can provide facts in the affidavit that can significantly improve the defense's prospects of getting the case dismissed. An experienced criminal defense attorney can give you guidance in this process.

• They can remain calm and seek professional help. The symptoms of domestic violence are not just physical – domestic violence also deeply affects mental and emotional health. If an alleged victim wants to show that they have not been negatively impacted by domestic violence, they need to remain calm and prove emotionally stable. A psychological assessment can be used as evidence to show that the alleged victim has not been subject to any severe domestic violence.

Stay calm – defendants are innocent until proven guilty. Charges are not convictions, and with the help of the alleged victim and your criminal defense lawyer, you will have a better chance at getting your case dismissed.

Challenges of Dropping Assault Charges

In the heat of the moment, it's easy to do things we regret. And when the police arrive at the scene of a domestic disturbance, our emotions are flying, and at the time, it's possible to make mistakes. If you want to take back a statement to the police and clear things up, it's not always easy to do after the incident.

There are several ways that alleged victims can help, which we've outlined above. However, none of them are 100% effective at getting charges dropped. You may think it's as simple as speaking with the police and asking them to drop the charges. Then, some prosecutors might not want to talk with you. Or, they may proceed with the charge, regardless of the explanation you provide.

Unfortunately, because of the reasons we listed below, it's not always in the prosecutor's best interest to trust you, the alleged victim, when you say that the assault never occurred. Even if you fabricated events, some prosecutors might feel like it's within the public's interest to proceed with charges regardless. Under Texas law, it's within the prosecutor's rights to do so. After all, it's the prosecutor, not the alleged victim, that brings assault charges against a defendant.

What Happens at a Domestic Violence Trial?

If the prosecutor does not drop the domestic violence charges and the accused does not accept a plea deal, the case may proceed to trial. A domestic violence trial involves several key steps designed to determine whether the accused is guilty of the charges. If the prosecutor fails to satisfy their legal burden of proof, the accused may be found not guilty or acquitted.

A trial begins with the selection of a jury, followed by the presentation of evidence and arguments by both the prosecution and the defense, and ends with a verdict.

• First, jury selection takes place. During this phase, both the prosecution and the defense question potential jurors to ensure they can be fair and impartial. Once the jury is selected, the trial officially begins.
• The trial starts with opening statements. The prosecutor presents an overview of the case against the accused, outlining the evidence and arguments they will use to prove guilt. The defense then gives its opening statement, offering its perspective on the case and highlighting the weaknesses in the prosecution’s arguments.
• Next, the prosecution presents its case-in-chief. This involves calling witnesses to testify and presenting physical evidence, such as photographs, medical reports, or recorded communications. Witnesses can include the victim, police officers, medical professionals, or other individuals with relevant information. The defense has the opportunity to cross-examine each witness, challenging their credibility and the reliability of their testimony.
• After the prosecution rests its case, the defense presents its case-in-chief. The defense may call its own witnesses, including the accused, to provide a different account of events or to introduce evidence that counters the prosecution’s claims. The prosecution can cross-examine these witnesses as well. The defense may also argue that the evidence the prosecution has presented is insufficient to prove guilt beyond a reasonable doubt.
• Following the presentation of evidence, both sides deliver closing arguments. The prosecution summarizes their case and emphasizes the evidence that supports a guilty verdict. The defense highlights any inconsistencies in the prosecution’s case and argues that there is reasonable doubt about the accused’s guilt.
• After closing arguments, the judge provides the jury with instructions on how to deliberate and apply the law to the facts of the case. The jury then deliberates in private, discussing the evidence and trying to reach a unanimous decision. This can take hours, days, or even weeks.
• Finally, the jury returns with a verdict. If the jury finds the accused not guilty, the court dismisses the charges, and the accused is free to go.

An experienced criminal defense attorney can help you decide whether to take your case to court and represent you during all legal proceedings.

But how can the State prove a case without a witness?

As stated earlier, the State can do several things when a witness fails to appear. They might request a Continuance and effectively reschedule the trial date. Likewise, they might ask a sheriff's deputy to arrest you, to compel your testimony. The defendant's battle isn't with the alleged victim because the incident occurred, and you provided testimony to responding police officers. Instead, it's a case between the Government and the defendant.

However, let's say that as the "victim" of a case, you don't show to court. In many cases, prosecutors don't need live testimony to win a case. Instead, evidence from a 911 call or testimony from a responding police officer provides enough information to proceed with the trial. They can legally play audio and video recordings, with certain exceptions, as evidence of domestic violence.

Call an Experienced Domestic Violence Attorney Today

If you are currently facing a domestic violence charge, you need to consult with experienced legal counsel about your case as soon as possible. A knowledgeable Fort Worth criminal defense lawyer will make sure that your rights remain protected throughout the process and will aggressively pursue the best possible result in your case.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor, building cases designed to put people behind bars. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.