Does Texas Have a No-Drop Policy in Domestic Violence Cases?

 Posted on November 25, 2024 in Criminal Defense

In Texas, domestic violence is a specific type of assault that is committed against someone who is in a close relationship with the attacker. This can be a family relationship, such as a spouse or a child; a living relationship, such as a roommate; or an intimate relationship, such as a boyfriend, girlfriend, or former dating partner. Assault is when a person physically touches another in a way that he or she should reasonably know is offensive or provocative. It does not have to result in bodily injury. 

Domestic violence is a serious misdemeanor that is treated severely in Texas, and facing such charges can be a daunting prospect. A common question among defendants who are accused of domestic violence is whether charges will be dropped if the accuser no longer wants to proceed with the case. The answer is that Texas has a no-drop policy that may still lead to prosecution, so it is important to consult a Texas criminal defense attorney if you are facing allegations of domestic violence.

What Is a No-Drop Policy?

A no-drop policy means that charges are not dropped even if the accuser decides to withdraw from the case and no longer wants to testify against the defendant. It is more common for accusers in domestic violence cases to withdraw than it is for those in regular assault cases because domestic violence involves close, familiar relationships. For example, a child is more likely to back out of an accusation against a parent and a wife is more likely to withdraw an allegation against a husband than if the offender was unrelated.

However, Texas has a no-drop policy because it views domestic violence as a public safety issue rather than a one-off incident. It also recognizes that victims of domestic violence may sometimes recant out of fear of retaliation, especially when they rely on the offender for financial support. A no-drop policy ensures the offender will be prosecuted anyway.

How Does a No-Drop Policy Affect a Domestic Violence Case?

Typically, an accuser’s testimony is a major part of a domestic violence case and a significant piece of evidence against the defendant. If the accuser withdraws the allegation, however, the prosecution must find other evidence to try to obtain a conviction. This can include:

• Other witness testimony: There may be other witnesses, such as neighbors or family members, who are willing to testify.

• Police reports: If a police report was filed, it can serve as evidence instead of the accuser’s testimony.

• Photographs: Images of any injuries or property damage or surveillance footage of the incident can be entered into evidence by the prosecution. 

The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the evidence is insufficient or faulty, your attorney may be able to have the charges reduced or dismissed.

Contact a Weatherford, TX Domestic Violence Defense Attorney

A domestic violence charge can result in prison time and hefty fines even if the accuser recants. Get excellent legal protection by contacting a Parker County, TX domestic violence defense lawyer. Soraya Joslin, P.C. is a former prosecutor with almost 30 years of experience who is familiar with both sides of the criminal justice system. Call 817-599-7005 now to get a free consultation today.