How to Drop Domestic Violence Charges in Texas
Being accused of domestic violence in Texas is a serious matter with potentially life-changing consequences. These charges can affect your reputation, your family, and your freedom. However, just because you have been accused does not mean you will automatically face a conviction.
With the right legal strategy and defense, domestic violence charges can sometimes be dropped or reduced. Understanding your legal options, including how charges can be dismissed, is crucial if you hope to avoid the harsh penalties that come with a conviction.
Understanding Domestic Violence Charges in Texas
Domestic violence in Texas is defined as family violence under Texas Family Code § 71.004 and per the state’s assault statute under Texas Penal Code § 22.01 as any act of physical harm or the threat of harm against a family member, household member, or intimate partner.
This includes physical assault, emotional abuse, threats, and sometimes even stalking or harassment. Texas law is particularly strict when it comes to domestic violence cases, with penalties ranging from hefty fines to jail time and lifelong consequences like restraining/protective orders, loss of custody rights, and firearm restrictions.
Can Domestic Violence Charges Be Dropped in Texas?
Domestic violence charges can be dropped in Texas, but it is not guaranteed. Several factors can influence whether charges are dropped, including the evidence presented, the victim’s involvement, and the overall circumstances of the case. Ultimately, it is up to the prosecutor to decide whether to pursue or drop the charges against you. Here are some of the key factors that may result in charges being dropped:
- False allegations – If evidence shows that the accusations were fabricated or misleading, charges may be dropped.
- Lack of evidence – If the district attorney does not have enough evidence to prove the charges beyond a reasonable doubt as required under Texas Penal Code Chapter 2.01, they may drop the case.
- Victim recants or refuses to cooperate – While a victim’s decision to recant or refuse to cooperate does not automatically end the case, it can significantly weaken the state’s case against you.
False Allegations
False accusations of domestic violence are unfortunately common, particularly in contentious situations such as divorces or custody battles. If there is evidence to suggest that the accusations were fabricated, the charges can be dropped. Texas Family Code § 156.101 highlights how false claims in custody proceedings can harm your credibility and reputation, which can dramatically impact the legitimacy of the domestic violence allegations against you as well.
Lack of Evidence
For domestic violence charges to hold up in court, there must be solid evidence that proves the defendant’s guilt beyond a reasonable doubt. The official domestic violence statute as described above outlines what constitutes a domestic violence offense and the elements that need to be proven, including the use of force or threats of force against a family or household member. If the prosecution cannot provide strong evidence, whether that be physical evidence, witnesses, or the victim’s testimony, the charges could be dropped.
Victim Recants or Refuses to Cooperate
Another factor that can influence whether charges are dropped is whether the victim recants their statement or refuses to cooperate with the prosecution. While the district attorney can still proceed with a case even if the victim does not testify, it makes their job significantly more difficult. In cases where the victim decides not to cooperate, the prosecutor may need to rely on other forms of evidence to move forward with the case.