One of the most common misconceptions we hear after a family violence arrest is that the alleged victim can simply decide not to pursue the case and make the charges disappear. While the alleged victim’s wishes may be an important consideration in a case, the criminal prosecution is not controlled by that person but by the prosecuting office.
At MC Criminal Law, our FAQ Series is designed to provide clear, practical answers to the questions people ask when facing criminal allegations. Family violence cases can be particularly confusing because the people involved may have an ongoing relationship, may reconcile after an incident, or may no longer want to participate in the prosecution.
Today’s FAQ addresses a question we hear often from people facing family violence charges in Texas:
FAQ: Can the alleged victim drop family violence charges in Texas?
A: No—not by themselves. Once a criminal case is being prosecuted, the alleged victim does not have the authority to simply dismiss the charges. The government, through the prosecutor’s office, decides whether to continue or dismiss the criminal prosecution. That means a family violence case does not automatically go away because the alleged victim tells police, the prosecutor, or the defendant that they no longer want to pursue the case.
The government may continue evaluating the case based on the evidence available. Depending on the circumstances, that evidence may include police reports, 911 recordings, photographs, text messages, video, physical evidence, or statements by the accused or from other witnesses.
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Don’t assume a family violence case will disappear because the alleged victim does not want to pursue it.
We regularly hear from people who believe they can resolve the situation themselves by talking to the alleged victim or asking that person to contact the prosecutor. That can be risky, particularly if there is a protective order or bond condition restricting contact.
Before acting, understand the case’s status and any restrictions applying to you. Getting legal guidance early can help you avoid making a difficult situation more complicated.
At MC Criminal Law, we help people facing family violence allegations understand where their case stands and what options may be available. If you or someone you love is facing a family violence charge in Dallas, Collin, or Denton County, or the surrounding areas of North Texas, contact MC Criminal Law to discuss your situation.