Can My Wife or Partner Drop the Charges?

Dropping Domestic Violence Charges

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Family Assault or Domestic Violence

If you wonder if it is possible for charges to be dropped after your arrest for domestic assault, contact Houston family violence lawyers at Stradley, Chernoff & Alford, L.L.P., to schedule a free consultation.

Domestic Heat Turns to a Legal Situation

Our Houston, Texas family violence attorneys have found that, many times, a husband, wife, boyfriend, or girlfriend calls the police merely trying to calm down a domestic situation. Once that call is made, however, domestic abuse charges will be filed.

Setting Off an Unstoppable Chain of Events

What many people may not realize is that calling the police sets off a series of events that is likely to culminate in the arrest of your loved one, the setting of high bail, and a no-contact order connected to the accused partner’s bond. That order will keep the accused person away from his or her partner and, usually, the children. Often, the victim wants to drop charges and stop this damaging and expensive process. In nearly every case, the State of Texas will refuse to drop the charges.

Dropping Charges is the State’s Decision to Make—Not Your Wife’s

Once domestic violence charges are filed, the option of dropping domestic violence charges is in the hands of the State alone. It is the State of Texas—not the accused’s spouse or partner—that has filed charges—so it is the State’s decision whether or not to prosecute. Only the State can dismiss the charges.

Domestic Violence and Political Pressure

Domestic violence is a real problem in this country. The O.J. Simpson case galvanized public opinion on the issue, and there has been an increased focus on prosecution ever since. In Harris County, Texas, many cases are prosecuted without the complaining witness. The State uses hearsay exceptions to allow the arresting officer to testify about what the complainant said at the scene, and also to allow them to present 911 tapes as evidence.

But the Spouse’s Testimony is Still Important

Although the Complainant’s desire is not controlling in the decision whether to dismiss Family Assault charges, it is still part of the equation. In numerous instances we have been able to convince the prosecution to drop or reduce the charge against our clients. In other situations we have used the Complainant’s testimony at trial. It is often the case that the complaining spouse’s statement to a police officer or 911 operator is subject to interpretation. We have access to the Complainant’s statements to the police. If there is a hole in the State’s case, our Houston spousal abuse attorneys will find it.

What is Allowable Testimony?

Prosecution without testimony from the complainant is arguably questionable after the U.S. Supreme Court case of Crawford v. Washington, where the Court stated that the Right of Confrontation found in the U.S. Constitution prohibits the state from offering out-of-court statements as evidence.

However, in the recent case of Davis vs. Washington, the Supreme Court held that ordinary reports to 911 operators are not testimonial in nature and so would not implicate the individual’s right to confront witnesses. We are all anxiously waiting to see what the U.S. Supreme Court will say about other statements to the police.

Stradley, Chernoff & Alford, L.L.P., Knows What Is Important

The domestic violence lawyers of Stradley, Chernoff & Alford know what’s important to a family faced with a domestic abuse prosecution—stopping violent confrontations and resolving conflict. We know what the consequences may be if you are convicted. We have worked out many charge dismissals, reductions and acquittals at trial. We always endeavor to protect all members of the family. We have helped many families piece their lives back together after the shock of prosecution.

To schedule a free consultation, contact us.

Stradley, Chernoff & Alford, L.L.P.
Republic Building
1018 Preston, Suite 200
Houston, TX 77002
Phone: (713) 222-9141
Fax: (713) 236-1886

The Houston, Texas, criminal defense law firm of Stradley, Chernoff & Alford, L.L.P., represents people who have been accused of a state or federal crime anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, Bellaire, as well as Houston County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, and Harris County.