Can The Alleged Victim Drop Domestic Violence Charges?

woman talking to police officer who is taking notes

When in the midst of a heated argument with a romantic partner, someone may call the police. However, the act of calling the police does not inherently mean that anything illegal occurred. In fact, many partners later regret calling the police.

Our team at Smith & Vinson Law Firm is here to explain what can happen if someone is arrested for domestic violence, but the alleged victim wants to rescind their accusation.

Dropping Domestic Violence Charges in Texas

It may surprise you to find out that the alleged victim cannot control whether or not domestic violence charges are dropped. This is because the courts don’t want the victim to be harassed into dropping the case and being stuck in a dangerous situation. However, this also means that when the alleged victim has valid reason to drop the charges, they cannot do so. This puts the defendant in a very difficult spot after being arrested.

Once the defendant is arrested, it is up to the prosecutors whether or not to continue with the case.

When Would Domestic Violence Charges Be Dropped?

Most often, domestic violence charges are dropped based on a lack of evidence. If the prosecution does not have enough solid evidence to show that the defendant broke the law, then they will likely drop the charges.

If the alleged victim no longer wants to pursue the case and will refuse to testify or supply evidence, then that can affect the prosecution’s ability to move forward with the case as well. Still, though, the decision is ultimately up to the legal system and not the alleged victim.

Domestic Violence Defense Attorneys in Austin, Texas

Many individuals face domestic violence charges after the circumstances surrounding the arrest were exaggerated or falsified to fit the alleged victim’s narrative at the time. If you are accused of such a serious offense, contact us at Smith & Vinson Law Firm as soon as possible. We want to help you protect your reputation and your future from a conviction that has the ability to permanently damage both.
 

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