Step-by-Step Guide: How to Drop Family Violence Charges in Texas

Dealing with family violence charges in Texas and wondering how to drop family violence charges in Texas? The process is nuanced, and immediate action is often required. This article explains the need-to-knows, outlining the critical steps you need to take to potentially drop these charges and alleviate the legal burden you or a loved one may be facing.

Key Takeaways

• Family violence in Texas covers various relationships and actions, from physical abuse to obstruction of breath, with penalties varying based on the severity of the alleged crime, reaching up to 99 years in prison for a first-degree felony.

• Defense strategies against family violence charges encompass asserting self-defense, challenging evidence credibility, and negotiating plea deals while understanding the intricacies of emergency protective orders and trial preparation.

• While reconciliation and affidavits of non-prosecution can influence the dismissal of family violence charges, the ultimate decision lies with the prosecutor, and legal evaluation and preparation of the case is key to obtaining the best chance of dismissal of the charges.

Understanding Family Violence Allegations in Texas

Assault family violence is the same thing as domestic violence in Texas. Assault family violence is a serious crime that encompasses a wide range of relationships and actions. The term “family” in this context includes individuals related by blood or marriage, former spouses, parents of the same child, household members and even partners in a dating relationship of a romantic or intimate nature. The complexity of the relationships involved in family violence allegations often complicates the legal proceedings. In assault family violence cases, victims often face challenges in having emergency protective orders lifted, and there are legal misunderstandings about the victim’s ability to drop charges.

The severity of the alleged crime further complicates matters. An accusation of a previous conviction, causing bodily injury by obstructing breath or blood circulation, assault on a pregnant woman, injury to a child or employing a deadly weapon, can escalate the charges to a felony.

Defining Family Violence

In Texas, an assault family violence case can include various forms of abuse. It includes situations where an individual intentionally or recklessly causes bodily injury to a family member or a person with whom they have a dating relationship of a romantic or intimate nature. It can also include threats to commit assault and offensive touching that do not cause injury. In assault family violence cases, legal procedures can be complex, with challenges such as lifting emergency protective orders, determining eligibility for probation, and addressing misunderstandings about the victim’s ability to drop charges.

The experience of pain is an essential component of bodily injury in most family violence allegations. To establish this, prosecutors need to prove the contact resulted in the complaining witness feeling pain. In Texas, the State is not required to show visible injuries. It is sufficient to show that the contact caused pain or was offensive.

Some examples of family violence without visible signs of injury include pulling someone’s hair (feeling pain) or kissing them on the lips when they did not consent to the contact (offensive touching).

Relationships Covered by Family Violence Laws

A broad range of relationships are covered under Texas family violence laws, including blood relatives, former spouses, and dating relationships. One key aspect to note is the inclusion of the term ‘household member,’ referring to anyone with whom you have shared a living arrangement, irrespective of familial ties. This means that roommates that are not related and have not had an intimate or sexual relationship qualify for protection under the family violence laws.

The definition of ‘dating relationship’ includes individuals that are or were in a dating relationship. It’s important to note that the Texas family violence law applies to all types of dating relationships, including same-sex ones. It has also been expanded to include within its protection assaults between new partners and ex-spouses or baby dads/baby moms.

Actions That Constitute Family Violence

The scope of family violence extends to serious actions like aggravated domestic assault, which involves causing serious bodily injury or using or displaying a deadly weapon. Repeated acts of domestic assault within a 12-month period may be considered as continuous violence. In a domestic violence case, the prosecution carries the burden of proof, and they must establish that the defendant acted with the specific mental state of intention, knowledge, or recklessness in the context of domestic violence allegations.

Expert Family Violence Representation at Soyars & Morgan Law

Family violence charges can feel overwhelming, but you don’t have to face them alone. Our team at Soyars & Morgan Law offers expert legal representation, handling diverse cases related to family violence and other violent crimes, including assault family violence charges. We employ a strategic approach, developing tailored defense strategies for each case. Our objective is to seek the reduction of an assault family violence charge or pursue a complete dismissal of the charges.

Legal Mechanisms to Dismiss Domestic Violence Charges

Despite the gravity of family violence charges, several legal avenues exist to pursue dismissal, including complaining witnesses seeking to drop domestic violence charges. These involve working with a skilled criminal defense attorney, utilizing affidavits of non-prosecution, and understanding the concept of prosecutorial discretion.

Working with a Criminal Defense Attorney

A domestic violence charge can have severe consequences for the accused, and facing domestic violence charges requires a strong legal defense. Breaching these laws can result in severe penalties such as a prison sentence ranging from 5 to 99 years for a First-Degree Felony of aggravated domestic assault with a deadly weapon.

A criminal defense attorney plays a pivotal role in family violence cases. They provide:

• Legal representation

• Development of a robust defense strategy

• Guidance through the intricacies of the bond conditions and emergency protective orders that affect family violence cases differently than other types of cases.

Their expertise in domestic violence offenses and a thorough understanding of the legal process and rights pertaining to domestic violence cases and family violence cases can be invaluable.

Various forms of evidence can be presented in the defendant’s favor, including:

• Recorded accounts of the incident

• Supporting witness testimonies

• Evidence suggesting the victim’s intoxication

• Photographic evidence

• Text messages

• Social media posts

The Role of Affidavit of Non Prosecution

An affidavit of non-prosecution is a formal document signed by the alleged victim (complaining witness), indicating their decision not to proceed with charges. While it may impact the prosecutor’s decision to dismiss the charges, it doesn’t guarantee automatic dismissal. A prosecutor will still conduct a comprehensive assessment of the case before reaching a decision.

The content of the non-prosecution affidavit may be important to the resolution of the case. Not all non-prosecution affidavits are created equal. Some are just a general statement declaring that the alleged victim does not wish to prosecute and wants the charges dropped. Other types of non-prosecution affidavits contain very detailed statements that undercut the State’s ability to prove the case.

It is critical to consult with your attorney prior to submitting a non-prosecution affidavit to make sure that the contents of the affidavit do not harm your case or inadvertently provide necessary evidence to the State that they were missing (such as how to locate the alleged victim or identifying the defendant, etc.)

Prosecutorial Discretion and Case Evaluation

Prosecutorial discretion is a crucial aspect of the legal proceedings in family violence cases. It represents the prosecutor’s authority to determine whether to pursue or dismiss charges based on the evidence presented. Prosecutors are given discretion to prosecute family violence cases without the alleged victim’s agreement to avoid situations where the alleged abuser can blame the victim for the prosecution. By leaving the ultimate decision up to the prosecutor, society believes it helps protect the alleged victim because the alleged victim can show that they asked for the charges to be dropped while allowing domestic abusers to still be prosecuted.

Strategies for Defense Against Family Violence Charges

In the face of family violence charges, a strong defense strategy is crucial. This may involve asserting self-defense, challenging the credibility of evidence, and negotiating plea deals. Each approach requires careful consideration and strategic planning.

Asserting Self-Defense or Defense of Others

Asserting self-defense or defense of others is a valid strategy in family violence cases. You must demonstrate that immediate force was required to protect oneself from the perceived harm. The timing of the perceived harm in relation to the contact must be immediate. A break in time (cooling off period) will negate a self-defense claim.

Self defense claims also require the accused to admit to making the contact that caused the injury. However, case law is not clear on whether the accused must admit the exact injury claimed by the prosecutor in order to receive a self defense claim. For instance, if the accused admits hitting the alleged victim in the head but the State alleges that the accused hit the alleged victim in the foot, the court may refuse to allow the accused’s self defense claim because the accused did not admit to the contact as alleged by the State.

Challenging the Credibility of Evidence

The reliability of evidence can significantly influence the outcome of a case. A defense attorney can scrutinize the consistency and reliability of witness statements, analyze the alignment of the testimony with physical evidence, and assess the existence of supporting evidence and confidence ratings.

Forensic evidence, like 911-call recordings and photographs of injuries, provide a factual foundation for the case. Successful defense strategies often involve insufficient evidence, unfounded allegations, he said/she said arguments, mutual combat, mistake of fact or misidentification arguments.

Negotiating Plea Deals

In some cases, negotiating a plea deal may be the best course of action. A plea deal involves an arrangement between the prosecutor and the defendant, wherein the defendant agrees to plead guilty or no contest to the charges in return for specific concessions. These concessions may involve requirements such as attending counseling or probation. However, any plea to a family violence case should be taken as a last resort because the finding of family violence that goes along with these types of cases will effect the defendant for the rest of their lives.

Navigating Protective Orders and Their Impact

Protective orders, a crucial part of many family violence cases, can significantly affect all involved parties’ lives. It’s crucial to understand what these orders entail, including emergency protective orders and the process of modifying or removing them.

Understanding Emergency Protective Orders

An Emergency Protective Order (EPO), a temporary restraining order lasting between 31 and 91 days, allows victims ample time to strategize for their safety and to apply for a longer protective order through the courts. It typically prohibits the accused individual from having contact with the alleged victim and their children and other household members, being in close proximity to their residence, or communicating with the alleged victim and their children.

Modifying or Removing Protective Orders

There may be situations where a protective order needs to be modified or removed entirely. This process requires filing a petition and undergoing a hearing. However, altering an emergency protective order can be challenging and may require dealing with a magistrate unwilling to amend the initial order. Retaining an experienced attorney to help modify an emergency protective order is critical.

Preparing for Trial: When Charges Can’t Be Dropped

Sometimes, it becomes inevitable to prepare for trial when charges cannot be dismissed. This involves building a strong defense strategy, preparing witnesses, and understanding the burden of proof.

Building a Strong Defense Strategy

A strong defense strategy is crucial when preparing for trial. This involves:

• Careful planning

• Gathering of evidence

• The use of expert testimonies

• Considering past legal precedents that can provide successful argument examples and tactics.

The Importance of Witness Preparation

Witness preparation plays a significant role in trial preparation. Witnesses provide crucial evidence in family violence cases and their testimony can significantly impact the outcome of the case. Effective preparation involves:

• Initiating the process by inquiring about the witnesses’ background information

• Encouraging them to articulate the events in their own words

• Documenting a written account of the abusive incidents.

Understanding the Burden of Proof

Understanding the burden of proof is crucial in any trial. In Texas, ‘proof beyond a reasonable doubt’ is the standard of proof necessary to establish a defendant’s guilt in a criminal case. It is the highest level of proof required.

Potential Consequences of Family Violence

Understanding the difference between misdemeanor and felony charges is crucial when facing family violence allegations. Contingent upon the offense’s severity and other factors family violence cases can range from fines for a Class C misdemeanor to prison sentences for felony offenses. It’s important to understand the difference between misdemeanor and felony charges, and the long-term implications of a conviction. Misdemeanors, such as assault by offensive contact, are considered less severe infractions with lesser consequences, while felonies, particularly aggravated assault, are more serious offenses with more severe consequences.

Long-Term Implications of a Family Violence Conviction

The long-term implications of a family violence conviction can be significant. Consequences may include:

• Incarceration

• Financial penalties

• Mandatory counseling

• Negative societal repercussions

• Loss of child custody and ability to volunteer at kids events

• Loss of employment

• Loss of housing

• Loss of gun rights

• Immigration (deportation, exclusion from admission, and denial of citizenship)

Summary

Family violence cases in Texas are complex, and navigating them requires a deep understanding of the legal landscape. From understanding the scope of family violence allegations to preparing for trial, this guide has provided a comprehensive roadmap to help individuals navigate the intricacies of family violence cases in Texas.

Frequently Asked Questions

How can I drop charges in Texas?

An affidavit of non-prosecution from the alleged victim may help persuade the prosecutor to drop the charges in certain cases. However, an affidavit of non-prosecution should never be presented to the State without an experienced criminal defense attorney reviewing the case to determine if that is the best approach. The State has discretion to pursue charges even if the alleged victim wants the charges dropped. So, do not assume handing the State a non-prosecution gets the charge dropped. In some instances, non-prosecution affidavits have even been used against the defendant to strengthen the State’s case.

How do you beat an assault charge in Texas?

To beat an assault charge in Texas, you can consider defenses such as self-defense, defense of others, defense of property, parental discipline, mutual combat, mistake of fact, mistaken identity, or failure to prove intent to harm. These are common defenses used in assault cases.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may choose not to prosecute criminal cases if the case is not strong and there is little chance of success. Some prosecutors will also consider the wishes of the alleged victim in deciding whether to prosecute. It is best to go with a local criminal defense attorney that knows what is motivating your prosecutor’s decision to prosecute.

What is the law for assaulting a family member in Texas?

In Texas, assaulting a family member by causing bodily injury is a Class A misdemeanor with up to one year in prison and/or up to a $4,000 fine. If there is no injury, the State can still proceed with assault by offensive contact (a class C misdemeanor) or terroristic threat (a class A misdemeanor).

What is family violence in Texas?

In Texas, family violence focuses on the relationship between the individuals involved. The law aims to protect individuals from harm within family, household or dating relationships.