Can a spouse drop domestic violence charges?
It is a familiar scene for a partner to seek help from the police in the heat of an argument, especially when they do not know how to calm a violent domestic situation. In most cases, the victim does not realize that the State will eventually file domestic violence charges and may not offer the charges to be dropped.
What happens after a domestic violence arrest?
A series of events that will no longer be under the control of the people involved will be set off once you call the police.
- An arrest will be conducted
- Bail will be set and issuance of a no-contact order will be set
- The accused will not be permitted to return to their home
- The lives of the parties involved will be significantly affected
The State May or May Not Drop Charges
It is a common scenario for the victim to drop the charges and build the family life back once the situation has simmered down. However, the decision to drop the charges no longer lies in the hands of the person who called the police. The State of Texas will file the domestic assault charges, and in most cases, the prosecutor will not drop the charges. Thus potentially opening you up to criminal punishment.
The main reason why the State would file domestic abuse charges is to protect the affected spouse. The State does this so that the abused won’t be coerced to change their story. Unfortunately, this policy sometimes results in innocent people being arrested, jailed, or separated from their families. There are times when the prosecution would use at witnesses the children or the spouse.
The police would usually arrest most of the domestic abuse calls that they get for safety reasons, especially in the part of the victim. The cops would assess the situation and use their judgment even if they do not have reliable testimony or enough facts to make an arrest. The case will still go to court even if the victim will not press charges or if they decide to drop the charges.
If you or someone you know has been arrested for a domestic abuse case, consult with a Houston domestic violence lawyer at Zavala Texas Law. It is best to talk with an attorney as soon as you can because the right lawyers can effectively assess and resolve the situation. Also, lawyers are the right people to influence the prosecution to dismiss the case.
At Zavala Texas Law, we specialize in protecting people who are charged with domestic violence and its related cases. We have handled these cases and we know how to take advantage of our extensive experience to defend our clients. We also have adequate measures to fight against such charges and even how to dispute and gather evidence and testimony.
Defending against a domestic violence charge
It is an unfortunate fact that only the prosecutor can decide on the outcome of the case, whether it should be taken to trial or dismissed. The sooner you connect with us, the earlier we can start investigating your situation. As lawyers, we need to have all the pertinent details that can help you get a favorable response, including the dismissal of the case and reducing the sentence. We are all capable and competent to help if the case has to go to trial.
A person who is convicted of domestic violence can face certain penalties, such as temporary or permanent protective and a restraining order. This type of punishment can lead to consequences, such as no communication and interaction with their family members. It is essential to seek help from an experienced attorney right away when it comes to domestic violence accusations.
Contact us at Zavala Texas Law
Our competent defense lawyers here at Zavala Texas Law handle plenty of domestic violence cases. We genuinely understand that couples long to end any form of violence at home and ultimately bring the family back together. After all, our primary focus is the family.