How to Get a Domestic Violence Case Dismissed
A domestic violence charge in Texas is serious. If convicted, you could lose your job, your home, child custody in a divorce, and gun rights. Your reputation might suffer irreparable harm.
Unfortunately, getting a domestic violence case dismissed is not easy, but it is possible with a strong legal defense. Even if the person making the accusation changes his or her mind and does not want to press charges, that is not sufficient. If you find yourself in such a situation, your initial actions should involve seeking a DFW domestic violence lawyer immediately.
Affidavit of Non-Prosecution
If the family member wants to change the statement made to the police at the time of the incident, he or she may file an affidavit of non-prosecution. Such a filing does not mean the prosecutor will dismiss the charges, but the affidavit makes any case the prosecutor brings much weaker. It also makes the accused party’s legal defense stronger.
The family member must have their own attorney who reviews the affidavit and all related statements and documentation. It is their attorney’s job to protect them from possible perjury or other charges.
If the family member is not willing to drop the charges, a seasoned attorney can pursue other avenues of defense to protect their client. These may include:
- False accusations – Many domestic violence accusations are simply false. This is often the case when the parties are going through a divorce, and one spouse knows a domestic violence accusation can prevent the other from obtaining custody. Collect all emails, texts, and voicemails that bolster this defense. It is not unusual for a family member making a false domestic violence accusation to have made veiled or open threats about doing so. You should also provide your attorney with any evidence that you were not at the location at the time the incident allegedly occurred, if that is the case. Such evidence might include receipts, or video showing you in a store or public place. Cellphone records can also show you were not in the vicinity.
- Self-defense –If you felt the other person’s actions put you in imminent danger, you have the right to defend yourself. The key here is “imminent.” If the person threatens you with a weapon, the danger is imminent. If they made threats a week earlier, that is not considered self-defense.
- Accidents –Perhaps a family member was struck, but it was an accident. For example, you were in the middle of a home renovation project and carrying heavy materials. An unexpected movement could result in accidentally hitting the other person. Evidence for this defense could include medical reports showing that the injury did not indicate deliberate use of force.
Contact a Family Violence Lawyer
If you have been charged with domestic violence, you need the help of experienced domestic violence attorney Andrew Peveto. Time is of the essence when facing DV charges, so call or text us 24/7 or fill out our online form to arrange a consultation. Our skilled attorneys conduct a thorough investigation, leaving no stone unturned so that you may receive justice.