Dropping Domestic Violence Charges

Can the Victim Drop Domestic Violence Charges?

Answer:

In Texas, the person that’s alleged to have been assaulted in a family violence case can take an affidavit of non-prosecution to the police station, but it is not their choice whether to drop the case. Once a case is filed, it becomes the state’s case. In most cases, I do not have a client have somebody come in to give a non-prosecution affidavit right away, even if they want to. I want to look and see what evidence is out there. I want to see what the state is saying happened. If the person still wants to come in and talk to me, I’ll have them come in and have them describe to me what happened, and what statement they want to make. I also do not make just a basic non-prosecution affidavit. If they can add some facts to give it some more meat, that helps my client and if they’re confident that what they’re saying is truthful, I will have them add some additional facts. An example might be that the complainant, the person that was allegedly injured, started the altercation. If they’re adamant that’s what happened, we put it in the affidavit.