This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
In Texas, domestic violence cases are treated seriously, even when the victim decides not to press charges. Once the police are called, the legal process is out of the victim’s control. The prosecutor, not the victim, decides whether to move forward. At LaVine Law Firm, we represent people facing domestic violence charges and help them understand how these cases work.
According to recent reports, Texas records more than 200,000 domestic violence incidents each year. Many victims later decide they do not want to press charges, often hoping to end the conflict. However, the state may still pursue charges if there is enough evidence to prove a crime occurred. Our goal is to protect your rights and guide you through every step of the process.
Under Texas Penal Code §22.01, the prosecutor’s office—not the victim—decides whether to pursue domestic violence charges. This means that even if the alleged victim refuses to cooperate or changes their story, the state can still proceed. Prosecutors can rely on other evidence such as police reports, medical records, 911 calls, and text messages.
In many domestic violence cases, the police arrest a suspect immediately if there are visible injuries or credible witness statements. Once that happens, only the prosecutor can drop or move forward with the case. Victims cannot simply “press charges” or “drop charges” after an arrest.
At LaVine Law Firm, our domestic violence lawyer understands how stressful this can be for both the accused and the victim. We use our experience to develop a defense strategy tailored to the facts and evidence of each case. Our job is to help you face the legal process with confidence and clarity.
Many people believe that a victim can “drop charges” after a domestic violence arrest. In Texas, that is not how the law works. The state prosecutes on behalf of the public, not the individual victim. Even if the victim calls the prosecutor’s office to request that the case be stopped, the decision rests with the state.
At LaVine Law Firm, we explain what happens when a domestic violence victim doesn’t want to press charges. We help clients understand their rights, the limits of victim involvement, and the risks of moving forward without proper legal advice. Our focus is on preventing further harm and protecting everyone involved in the process.
The state attorney’s office decides whether to move forward with criminal charges, not the victim. The prosecutor reviews the police reports, medical records, and witness statements to determine if there is sufficient evidence. Even if the victim’s testimony is withdrawn, the prosecutor can continue the case using other witnesses or physical proof.
If there is enough evidence to show a crime was committed, the case proceeds. The victim’s cooperation may help or hurt the prosecution’s case, but it is not required. As criminal defense lawyers, we work to challenge the evidence and create reasonable doubt whenever possible.
Once the police arrive at the scene, they must file a report if they believe domestic violence occurred. They can arrest the alleged offender even without the victim’s statement if there is probable cause. Officers look for signs such as injuries, property damage, or emotional distress when deciding whether a crime was committed.
Sometimes, a protective order is issued immediately after an arrest to protect a household member or victim. While these actions are meant to prevent further harm, they can also complicate family situations. At LaVine Law Firm, we review every police report to ensure that your rights as a defendant are protected.
Once someone is arrested for domestic violence, the victim cannot personally drop the case. However, they can share their wishes through legal channels. One option is to submit an affidavit of non-prosecution, which informs the prosecutor that the victim does not wish to proceed with the case. Still, only the person in charge of prosecution decides whether to proceed.
Victims can:
Victims cannot:
Our domestic violence defense attorneys understand that these situations are stressful for everyone involved. We use our experience to create a defense strategy that protects your rights, reduces potential penalties, and helps guide both sides through the legal process. If you or a loved one is facing criminal charges, contact us for a free consultation to discuss your case.
Even when the victim refuses to cooperate, the case can still move forward. Prosecutors may rely on police reports, medical evidence, or officer testimony. If there is insufficient evidence, we work to show that there is insufficient evidence to continue. Still, the accused may face stress, court appearances, and public embarrassment.
Under Texas law, penalties for a domestic violence charge can include:
Many people feel pressure to plead guilty, especially when they fear retaliation or think the case will go away faster. However, doing so can have lasting consequences. At LaVine Law Firm, we help clients understand all their options before making a decision.
At LaVine Law Firm, we build a strong defense for anyone facing domestic violence charges. We examine every detail of the case, looking for errors, conflicting statements, and signs of insufficient evidence. Our goal is to find weaknesses in the prosecution’s case and protect your future.
Our team takes several important steps to defend you:
It’s important to contact a criminal defense lawyer immediately after an arrest. Acting quickly allows us to gather evidence, build your defense strategy, and guide you through the legal process. We work hard to protect your rights and help you move forward.
Can the victim drop domestic violence charges in Texas?
No. Only the prosecutor can dismiss or move forward with the case, even if the victim decides not to cooperate.
What if the victim refuses to testify?
The prosecutor may still use other evidence, such as police reports or witness statements, to continue the case.
Can charges be dismissed if the victim recants?
Not automatically. The prosecutor reviews all available evidence and determines whether there is sufficient evidence to proceed.
What is an affidavit of non-prosecution?
A formal document where the victim states they do not wish to press charges, though the decision still rests with the prosecutor.
Can a lawyer help if the victim doesn’t want to cooperate?
Yes. A defense lawyer can negotiate with the prosecutor and work to have charges dismissed or reduced.
Is it possible to get a no-contact order lifted?
Sometimes. A defense lawyer can request that the court modify or vacate the order, depending on the circumstances.
If you or someone you love is facing domestic violence charges, don’t wait to get legal help. At LaVine Law Firm, we understand how stressful and confusing these cases can be. Even if the victim doesn’t want to press charges, the case may still move forward. Having an experienced criminal defense lawyer by your side is critical.
We represent clients throughout Pasadena and Harris County in domestic violence defense matters. Our team reviews every detail, challenges weak evidence, and works toward the best possible outcome. We know that these cases can affect your family, your job, and your future.
Contact LaVine Law Firm today for a free consultation. We will explain your legal options, guide you through the process, and ultimately help you protect your rights and your future.
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