Can My Wife or Husband Drop the Charges?
The Truth about Getting Domestic Violence Charges Dropped
Often in the heat of an argument, a husband, wife, boyfriend, or girlfriend will call the police because they don’t know where else to turn to bring calm to a domestic situation. Often they don’t realize that this will result in domestic abuse charges being filed by the State and ask that they be able to drop charges.
An Unstoppable Chain of Events
Calling the police sets off a series of events that are no longer under the control of the two people in the relationship.
- An arrest will be made
- Bail will be set (often high) and a no-contact order will be issued
- The accused person will not be able to return home
- Family life and children will be affected
Dropping Charges: The State’s Decision – Not Your Spouse’s
Once the situation has calmed down, it’s common for the “victim” to want to drop charges and try to get family life back to normal. But the decision is no longer in her (or his) hands. Domestic assault charges are filed by the State of Texas, and in nearly every case the prosecutor will refuse to drop charges.
The reason domestic assault charges are brought by the State is to protect a battered spouse from being bullied into changing her or his story. The unfortunate result of this policy is that sometimes innocent people are arrested, jailed, and kept away from their families. Sometimes the prosecution merely creates more “victims”, including the spouse and the children.
Police make an arrest in the majority of domestic dispute calls, choosing to be safe rather than leave an alleged victim in danger. They may not have enough facts or reliable testimony to merit an arrest, but must use their judgment at the time of the call. Even if your spouse does not press charges or wants to “drop charges” this will not stop your case from going to court. If you or a loved one has been arrested for domestic violence, you should speak to a Houston domestic violence attorney at Chernoff Law as early as possible determine how to resolve this situation quickly and influence the prosecution to drop charges.
Our firm’s attorneys place a special focus on defending those accused of domestic violence and related charges. Having served as former prosecutors, we now use our years of experience fighting such charges for our clients. We understand the pressures that prosecutors are under to get convictions in domestic violence and abuse cases. We also know how to successfully fight against such accusations and how to contest and get questionable testimony or evidence suppressed.
The Role of the Prosecutor
The unfortunate fact is that once a domestic violence charge has been made, even if the charges are denied or withdrawn by the other party, only the prosecutor can decide whether the case will be dismissed or taken to court. The sooner you contact our firm, the sooner we can begin to investigate all the circumstances of the arrest and begin to gather our own evidence and testimony that could get the charges dropped or reduced. If the case goes to trial, we are well qualified to help. If convicted of domestic violence, a person faces penalties that can include a temporary or permanent restraining or protective order that will prevent them from returning to their home or seeing their family. It is important to get the help of an experienced lawyer without delay in accusations of domestic violence.
We Understand What’s Important to You, Your Family and the Court
At Chernoff Law, our defense lawyer handles many domestic violence cases. It’s one of the primary focus areas of our firm. We understand that couples are seeking, above all else, to stop violent confrontations and get their family back together. Our number one goal is the family.