Allegations of domestic violence are among the most common origins of violent criminal records in Texas. Also known as family violence, domestic violence cases involve physical aggression toward current or former romantic partners, spouses, roommates and family members.
Obviously, a violent criminal offense can have a major impact on the person accused if they plead guilty or get convicted. While those facing domestic violence charges might expect to fight back by working with the other party involved in the incident, so-called “no-drop” policies may prevent people from quickly resolving a domestic violence charge in certain ways.
What is a no-drop policy?
There are certain circumstances in which prosecutors may decide to drop pending charges. Changes in witness testimony or other evidence can influence the likelihood of the state securing a conviction. In many cases where witnesses or victims recant their prior statements, prosecutors may choose to drop pending charges due to a lack of sufficient evidence.
That outcome is highly unlikely in a domestic violence case. No-drop policies involve prosecutors committing to pursuing domestic violence charges even if the other party involved in the incident asks the state to drop the case or refuses to participate in the state’s prosecution of the defendant. No-drop policies prevent people from pressuring alleged victims into recanting their statements.
What options do defendants have?
While convincing the prosecutor to drop the charges due to a lack of cooperation from the other party is unlikely, there may still be other options available to those accused of domestic violence in Texas. For example, the other party and various others could testify in court regarding the dynamic in the household and the relationship between the parties.
The context provided through that testimony could convince the courts that the incident does not meet the necessary standard for a domestic violence conviction. Other times, it might be possible to show that a prior history of altercations led to one person acting in self-defense, which police officers may have misinterpreted as family violence.
There are ways to avoid domestic violence convictions that do not necessarily involve working with an alleged victim to convince prosecutors to drop the charges. Reviewing pending charges and any prior police reports or criminal convictions with an Austin domestic violence attorney can be beneficial for those accused of family violence. The right strategy can make a major difference for those who hope to avoid convictions for family violence offenses in Texas.