Can My Wife or Partner Drop the Charges?: Collin County Domestic Violence
By Collin County Criminal Attorney Troy P. Burleson
Everyone has a bad day. However, a private dispute between you and your loved one SHOULD NOT brand you a criminal for the rest of your life!
Too often, a wife, husband, boyfriend or girlfriend will call 911 or the police in the heat of an argument because they don’t know where else to turn to settle or calm down a domestic argument. Often, they do so not to get their spouse arrested and do not realize that this phone call will result in a domestic abuse charge being filed by the state.
Once a 911 call is made it starts an Unstoppable Chain of Events
Because of recent high profile celebrity trials involving allegations of spousal abuse, most district attorneys’ have a zero tolerance policy toward family assault cases. Therefore, a call to 911 usually sets off a series of uncontrollable events which normally include:
1. An arrest being made
2. The person accused being denied access to the home
3. Often a high bail amount will be set
4. A temporary or permanent restraining order will be issued preventing the arrested spouse from making contact with the home, the other spouse or children
5. A charge of assault with a family violence enhancement will be filed
6. The accused spouse will face up to 1 year in jail and a $4,000 fine.
Dropping the Charges: A Decision Your Spouse's CAN’T Make
It's common for the "victim" to want to drop the charges after the situation has calmed down. However, most district attorneys’ WILL NOT, as a policy, drop a domestic violence charge just because the “victim” request that be done. Once an officer is called and responds to a domestic violence call, the State of Texas becomes a party to the case. Once the State is a party, the decision to proceed or dismiss the charge is no longer in the complaining spouse’s hands. Domestic assault charges are filed by the State of Texas, and in nearly every case the prosecutor will refuse to drop the charges.
Therefore, a domestic violence charge will not be dropped at the request of the complaining spouse. According to most prosecutors, the State’s policies in regard to domestic violence charges are harsh and unbending in order to protect a battered spouse from being bullied into changing her or his story. The unfortunate result of this policy is that sometimes innocent people are arrested, jailed, and kept away from their families.
Talk with a Lawyer As Soon As Possible
The assault defense lawyers at Biederman & Burleson, P.L.L.C. can help you understand the criminal process in Texas domestic violence cases. In several cases we have been successful in stopping charges from being filed, or getting charges dropped or reduced. This requires prompt intervention.
Contact our law office immediately to talk with a defense attorney. Call 866.439.2182.
