Victims of domestic violence sometimes regret bringing a criminal complaint against a family member and seek to drop the charges. The state of Texas does not allow complainants to withdraw such charges on their own accord. However, it is sometimes possible to demonstrate good cause allowing for such dismissal.
Domestic violence complainants may recant their statements to police for several reasons. In some situations, there was no actual or substantial violence and the complainant exaggerated the facts in a fit of anger. In other situations, the violence was an isolated incident and the victim prefers to handle the situation themselves or within the family.
However, under the state’s no-drop policy, the prosecutor must agree that waiving a domestic violence charge is appropriate. That means there must be sufficient evidence showing that the accused is not a threat to the complainant nor to any other member of the family.
Prosecutors tend to be quite skeptical of complainants seeking to have charges dropped. Victims of serious domestic abuse will often try to placate the abuser. Many will not willingly go against a violent family member out of fear of retaliation, public embarrassment or loss of financial support. Some victims are confident that they can change the abuser’s behavior and that there will be no further incidents of abuse. In some cases, the abuser has psychologically manipulated the victim into believing that the violence was justified.
However, legal counsel for the accused might be able to show that a witness and/or the police misread or misunderstood the situation. When there is an apparent injury to one party, the police are likely to make an arrest. However, sometimes it can be proved that the injury was not the result of an assault by the alleged aggressor. Anyone either charged with or under investigation for domestic abuse should consult with a qualified defense attorney who can thoroughly investigate the incident and gather all evidence that could support dismissal of the case.
Based in San Antonio, Kevin L. Collins, P.C. is one of the most respected criminal defense law firms in south-central Texas. If you are facing domestic violence charges, feel free to contact us online or call 210-598-8629 for a free initial consultation.