False accusations or heated arguments can quickly escalate into a domestic violence charge in San Antonio.
Navigating a legal system designed to protect victims can be overwhelming and leave you feeling helpless and desperate to clear your name. But don’t let panic or desperation cloud your judgment.
Taking informed action is the first step toward a dismissal.
While success isn’t guaranteed, proactive strategies and the help of an experienced San Antonio domestic violence lawyer can significantly improve your chances of getting your charges dismissed or dropped.
Read on to learn 10 actionable, important tips on how to get domestic violence charges dropped in Texas.
To speak with an experienced criminal lawyer, please contact us today by calling us at 726-223-6041.
Key Takeaways
- Only a prosecutor can drop domestic violence charges in Texas — the alleged victim cannot.
- Around 15% of felony and 30% of misdemeanor family violence cases in Texas are dismissed.
- An affidavit of non-prosecution can help, but it does not guarantee dismissal.
- Common defenses include self-defense, false accusations, lack of evidence, and procedural errors.
- Hiring an experienced domestic violence lawyer early gives you the best chance at a favorable outcome.
Can Family Violence Charges Be Dropped in Texas?
Only a prosecutor can drop domestic violence charges in Texas — the victim cannot drop charges on you. This is a common misconception. Once law enforcement files a family violence report and charges are brought, the case belongs to the state, not the alleged victim.
Fight these charges by contesting the allegations and presenting strong defenses. Develop solid legal strategies for each point to increase the chances of dismissal or acquittal at trial.
Even if the alleged victim does not want to press charges, the prosecutor can still move forward if they believe there is enough evidence. That said, a victim’s reluctance to cooperate can weaken the prosecution’s case — which is one reason an affidavit of non-prosecution can be a useful tool.
Understanding Texas’s Family Violence Laws
Texas law takes domestic violence, known as “family violence,” seriously. Penalties can be harsher than for similar offenses against non-family members.
Additionally, factors like whether a minor was involved in the incident or has past criminal allegations can heavily influence the severity of domestic violence charges being brought against you.
Both family violence felonies and misdemeanors can carry significant consequences, including hefty fines, mandatory jail or prison sentences, losing your Second Amendment right to keep and bear arms, and a permanent mark on your criminal record.
Under Texas Penal Code Section 22.01, a first-time family violence assault is typically charged as a Class A misdemeanor (up to 1 year in jail and a $4,000 fine). However, if you have a prior family violence conviction, even a misdemeanor, the charge can be enhanced to a third-degree felony (2-10 years in prison). Aggravated domestic assault involving a deadly weapon or serious bodily injury is a first- or second-degree felony.
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What Percentage of Domestic Violence Cases Get Dismissed?
Recent statistics from the Texas Judiciary Branch show that in 2022, around 15% of felony and 30% of misdemeanor family violence assault cases were dismissed.
While every case is unique, these numbers show that dismissals do happen, and proactive strategies can significantly increase your chances. Cases are most often dismissed when there is insufficient evidence, the alleged victim is uncooperative, or the defense identifies procedural errors in the investigation or arrest.
10 Tips on How to Get Domestic Violence Charges Dropped in Texas
Facing domestic violence charges is daunting. If you have been so charged, you’re likely wondering how to get a family violence charge dropped. Let’s look at 10 ways to get your family violence charges dropped, dismissed, or reduced.
1. Consult a Domestic Violence Criminal Defense Lawyer Right Away
Domestic violence laws are complicated, and attempting to navigate them alone can be a recipe for disaster.
Often, actions taken by the accused within the first week can be the difference between:
- The case being later dropped,
- The accused picking up more charges for violating their newly imposed bond conditions, or
- Conditions of an issued emergency protective order.
An experienced domestic violence lawyer in Texas will understand the nuances of your case, evaluate your options, and devise a strategic defense.
Don’t underestimate the value of skilled legal counsel in the early stages of your investigation and criminal case.
2. Maintain Your Composure
Acting erratically or emotionally won’t help your case. While asserting your rights, maintain a calm and respectful demeanor in all interactions with law enforcement and the courts.
Respectful and calm interactions speak volumes to the court and law enforcement. Stay calm, cooperate with authorities, and avoid discussing the incident with anyone except your lawyer.
3. Respect the Legal Process
Attend all court hearings, complete any required counseling, and adhere to all court orders. Avoid all physical and electronic contact, even if you have a good relationship with the person who accused you.
Any communication can be misconstrued as intimidation and can be a bond or protective order violation. Violating your bond or a valid protective order can result in you being arrested again.
Contacting the alleged victim, especially if a protective order is in place, can aggravate your situation—making it worse and decreasing your chance of a dismissal.
If an emergency protective order (EPO) has been issued, it typically lasts 31 to 91 days and prohibits you from going near the alleged victim, their home, and their workplace. Violating an EPO is a separate criminal offense that can result in additional charges — even if the alleged victim invites you to come over.
4. Gather Evidence
Any evidence supporting your innocence, no matter how minor, can be incredibly valuable.
Witness statements, police reports, medical records, and any other documentation that supports your innocence or sheds light on the circumstances of the incident should be gathered and shared with your legal team.
Also, any evidence about the other person’s character for aggression or untruthfulness should also be gathered and shared with your legal team.
5. Examine the Circumstances of Your Arrest
Your lawyer will scrutinize the arrest protocol, searching for any procedural errors or violations of your constitutional rights in the investigation and arrest. This might include:
- Lack of probable cause: Did the officer have a legitimate reason to arrest you based upon objective fact?
- Excessive force: Was unnecessary force used during the arrest?
- Failure to inform you of your rights: Did the officer properly inform you of your right to remain silent and your right to an attorney?
- Imbalanced investigation: Did the officers speak to the other person for twenty minutes and you for less than five minutes? This may be a sign of a conclusory investigation and a potentially illegal arrest not based on probable cause.
Your attorney may file motions to suppress evidence or even request that the case be dismissed if any such errors or violations are found. This is because evidence gathered unlawfully cannot be used against you in court.
6. Challenge the Prosecution’s Evidence
Your lawyer will also investigate the evidence and ask several key questions about the evidence. Was the evidence obtained legally? Did the police overstep their bounds, violating your rights in the process?
Unlawfully obtained evidence cannot be used against you according to constitutional case law. By exposing constitutional violations, your lawyer can weaken the prosecution’s case and possibly pave the way for a dismissal.
Our client was charged with family assault bodily injury. Case got dismissed in October 2024.
7. Consider an Affidavit of Non-Prosecution
Sometimes, the alleged victim can ask the prosecution to drop the charges. While not a guarantee, an affidavit of non-prosecution can sometimes significantly sway the prosecutor.
If the alleged victim wishes to have the charges dropped, they can file this document with the prosecutor. However, a resultant dismissal is not guaranteed, and legal advice is crucial before pursuing this option.
Prosecutors are skeptical of these documents and often need to be assured that the “Cycle of Violence” will not continue.
An affidavit of non-prosecution is most effective when combined with other favorable factors, for example, no visible injuries, no prior history of domestic violence, and evidence that the incident was a one-time misunderstanding rather than a pattern of abuse.
8. Take Into Account Pre-Trial Intervention Programs
Completing court-ordered anger management or counseling programs can show a commitment to self-improvement and may weaken the prosecution’s case or their desire to obtain a conviction.
You may be eligible for a diversion program, but it depends on the charges and your criminal history. Diversion programs provide alternatives to prosecution, often involve counseling or community service, and can result in a dismissal if completed successfully.
These programs often require attorneys to help convince the prosecution that this family situation warrants a diversion.
9. Keep an Open Mind About Plea Deals
Your attorney can discuss plea bargains with the prosecutor. While accepting lesser charges may not be ideal, it may help you avoid a harsher penalty and move forward with your life.
Furthermore, plea bargaining can be a strategic decision to reduce a trial’s potential negative consequences, such as public exposure to your personal life (court records), a lengthy legal process, a stressful trial, and resultant harsh penalties if the jury finds you guilty.
By being open to negotiating with the prosecutor, your lawyer can seek a more favorable outcome consistent with your interests and goals.
10. Remain Optimistic
The legal system is complicated, and the process is often time-consuming. Multiple court appearances may be required, and even if you can get a dismissal, chances are good that it won’t happen instantly.
However, you increase your chances of success by remaining committed and resilient, trusting your lawyer, and listening to their advice.
Common Defenses for Domestic Violence Cases in Texas
Beyond the 10 tips above, your attorney will evaluate which legal defenses apply to your specific situation. Here are some of the most common defenses used in Texas domestic violence cases:
Self-Defense
Texas law recognizes your right to defend yourself from harm. If you can show that you used reasonable force to protect yourself from an imminent threat, the charges against you may be reduced or dismissed entirely. Your attorney will look at the evidence to determine whether a self-defense argument is viable in your case.
False Accusations
Unfortunately, false accusations of domestic violence are more common than many people realize. They can arise during contentious divorces, custody battles, or arguments where one party calls the police out of anger rather than genuine fear. Text messages, call records, social media posts, and witness testimony can all help expose a false accusation.
Lack of Evidence or Insufficient Proof
The prosecution bears the burden of proving your guilt beyond a reasonable doubt. If the evidence is weak — for example, no photographs of injuries, conflicting witness statements, or no medical records, your attorney can argue that the state simply does not have enough to prove the case.
Mutual Combat
If both parties were involved in a physical altercation, the defense may argue mutual combat. While this doesn’t necessarily result in a full dismissal, it can change how the case is charged and may lead to reduced charges or a more favorable plea arrangement
How to Drop Charges Against Someone for Domestic Violence in Texas
If you are the alleged victim in a domestic violence case and you want the charges dropped, it’s important to understand how the process actually works. Many people believe they can simply tell the police or the court that they want to “drop the charges” — but it’s not that simple.
Alleged Victim Wants to Drop the Case
In Texas, once domestic violence charges are filed, the victim does not have the legal authority to unilaterally drop the charges. Only the prosecutor has the discretion to decide whether or not to pursue the case. The prosecutor will consider the evidence, including police reports, witness testimony, and the potential threat to the victim and the community, before making a decision.
Even if the victim wishes to withdraw their statement or stop cooperating, the prosecutor may continue if they have enough evidence, independent from the victim’s testimony, to prove the charges.
Starting Point: The Affidavit of Non-Prosecution
The victim can officially express their desire not to pursue the case through an affidavit of non-prosecution. This is a signed, sworn document in which the alleged victim states that they no longer wish to cooperate with the prosecution. However, signing an affidavit of non-prosecution does not guarantee that the prosecutor will drop the charges.
They will still review all available evidence and decide if they have enough to proceed without the cooperation of the alleged victim. Furthermore, if the prosecutor feels that your actions pose a threat to the victim or the public, the case may continue despite the affidavit.
For those wondering how to get a family violence case dismissed, it’s essential to note that an affidavit of non-prosecution is often a starting point, but other factors — including the severity of alleged injuries, any history of domestic violence, and whether weapons were involved — will influence the prosecutor’s decision.
Texas law allows the prosecution to move forward even if the victim withdraws their support, especially in cases involving serious harm or where there is a history of domestic violence. Regardless of the circumstances, it’s critical to consult with an experienced criminal defense attorney as soon as possible. A skilled attorney can help evaluate the evidence, explore possible defenses, and negotiate with the prosecutor. While no lawyer can ever guarantee a certain outcome, working with a defense lawyer can increase the chances of securing a favorable outcome, including potential dismissal or reduction of charges.
What Happens After Domestic Violence Charges Are Dismissed?
If your domestic violence charges are dismissed, you may be wondering what that means for your record. In Texas, a dismissal does not automatically erase the arrest from your criminal history. The arrest will still appear on background checks unless you take steps to have it removed.
If your case was dismissed, you may be eligible for an expunction, a legal process that removes the arrest record entirely, as if it never happened. Once your record is expunged, you can legally deny that the arrest ever occurred on job applications, housing applications, and other situations where your background is checked.
The expunction process typically requires filing a petition in the court where the case was handled. An experienced attorney can guide you through the requirements and timeline.
Build Your Domestic Violence Charge Defense with Austin Hagee Law Firm
Being charged with domestic or family violence is a serious matter, and getting the charges dropped is a marathon, not a sprint.
You can fight for your future and clear your name if you have the right strategy, evidence, and a skilled San Antonio domestic violence attorney on your side.
Austin Hagee Law Firm has a track record of successfully defending clients charged with domestic violence throughout Texas.
Our dedicated domestic violence criminal defense attorneys understand the emotional and legal difficulties you are experiencing, and we are dedicated to fighting for your rights and getting your life back to a good place during the process.
Don’t face this alone. Contact Austin Hagee Law Firm today for a free consultation by calling us at 726-223-6041. We’ll evaluate your case, discuss your options, and guide you through every step of the process.
Frequently Asked Questions
Can a victim drop domestic violence charges in Texas?
No. In Texas, only the prosecutor can decide to drop or dismiss domestic violence charges. The alleged victim can file an affidavit of non-prosecution to express their wish that the case not continue, but the final decision rests with the prosecutor’s office.
How long does it take for domestic violence charges to be dropped?
There is no set timeline. Some cases are dismissed within a few weeks if the evidence is weak, while others can take months or even longer. Factors that influence timing include the strength of the evidence, whether the alleged victim is cooperating, the court’s calendar, and how quickly your attorney can negotiate with the prosecution.
What is an affidavit of non-prosecution?
An affidavit of non-prosecution is a sworn, signed document in which the alleged victim states that they do not wish to pursue criminal charges. While this document can influence the prosecutor’s decision, it does not guarantee that the charges will be dropped.
Will a domestic violence arrest show up on my background check even if charges are dismissed?
Yes — a dismissed case will still appear on your criminal record unless you take legal steps to remove it. In Texas, you may be eligible for an expunction after a dismissal, which removes the arrest entirely from your record.
Is domestic violence a felony or misdemeanor in Texas?
It depends on the circumstances. A first-time family violence assault is typically a Class A misdemeanor. However, if you have a prior family violence conviction, it can be enhanced to a third-degree felony. Aggravated domestic assault involving a deadly weapon or serious bodily injury is charged as a first- or second-degree felony.
Can I get domestic violence charges dismissed if the alleged victim lied?
False accusations are a viable defense in domestic violence cases. If your attorney can present evidence that the alleged victim fabricated or exaggerated the claims through text messages, witness testimony, inconsistencies in statements, or other evidence, this can significantly strengthen your case for dismissal.
Where to find our San Antonio, TX office:
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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