13 December
Peveto Law in Criminal Defense

How to Get Out of Domestic Violence Charges

In the United States, more than 10 million people face domestic abuse allegations each year. While domestic violence arrests are frequent, there is no guarantee they will result in a criminal conviction. If you have been arrested for domestic violence, you could have a chance to get out of the charges. While there is no guarantee of success, your odds improve tremendously with the help of a skilled DFW domestic violence lawyer.

You will need to act deliberately to beat the charges against you. If you delay in building your defense, your opportunity to avoid a trial could quickly disappear. By following these steps, you could see your charges dismissed by the prosecutor.

Follow the conditions of your bond

Once you are released from jail, it is important that you carefully review the conditions of your release. Your actions following an arrest for domestic violence will be carefully scrutinized, and any misstep could complicate your original charges significantly.

If a judge has ordered you to stay away from your spouse or family member, it is crucial that you do so. Any prohibited contact could not only land you back in jail, it could complicate your attorney’s efforts to resolve your underlying claim.

The same goes for any additional conditions. If you are ordered to stay away from your residence or avoid drinking alcohol, the consequences of not following these conditions could be significant.

Obtain an affidavit of non-prosecution

In many cases, an alleged victim of domestic violence may come to regret calling the police. Unfortunately, once law enforcement is involved, it is out of their hands. Contrary to popular belief, it is impossible for an alleged victim to drop the charges and end a criminal prosecution on their own. However, most prosecutors will take a request from the alleged victim to dismiss the charges into account.

The alleged victim cannot simply place a call to the prosecutor’s office and tell the first person that answers that they would like the case dismissed. The request must be made in writing, in the form of an affidavit of non-prosecution.

This document certifies to the prosecutor that the alleged victim does not wish to cooperate in the case. While some prosecuting attorneys will continue with the case against you, many will agree to dismiss the charges. This depends in large part on the strength of a case without the testimony of an alleged victim.

How a Plano domestic violence attorney could help

It is possible that you could beat charges of domestic violence on your own. However, taking on the prosecutor without legal counsel is risky, even if you have been falsely accused of domestic violence in Texas. What’s more, attempting to obtain an affidavit of non-prosecution can be difficult if the court has ordered you to have no direct contact with the alleged victim.

If you are facing domestic violence charges in Plano, Texas criminal defense lawyer Andrew Peveto and his staff are ready to help. Contact us right away to schedule your free consultation. From beating the charges to expungement of a domestic violence conviction, we can help you get your life back on track with as little damage as possible to your reputation and future prospects.

Additional resources:

  1. NCADV, https://ncadv.org/statistics
  2. Texas PENAL CODE, TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm