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The ‘No-Drop’ policy: What it means for domestic violence charges

On Behalf of | Oct 6, 2023 | Domestic Violence |

In Texas, you cannot ask the police to drop a domestic violence charge. As unfortunate as this might seem, there are instances where you could seek help from other legal options. However, it’s crucial to understand why such a policy is in place in that state.

Texas’ “no-drop” policy

In Texas, there’s a rule called the ‘no-drop’ policy. This rule means that if someone files a domestic violence charge and decides to withdraw it, they do not have the power to do so. The prosecutor is the one who has the discretion to pursue domestic violence charges. The state of Texas empowers the prosecutor to decide whether to drop charges. So, even if the alleged victim later changes their mind, it may be necessary to persuade the prosecutor to drop the assault charges.

Why does Texas have this policy?

The Texas “no-drop” policy is based on claims that many victims of domestic abuse may withdraw their statements or try to protect their abusers for various reasons. The state acknowledges that some of these reasons may include fear, love, guilt, shame or hope for change. As such, they view the “no-drop” policy as a way to protect victims from further harm and prevent them from being pressured or manipulated by their abusers.

Your side of the story

When faced with a domestic violence charge, it’s crucial to avoid contact with the alleged victim as much as possible. Any interaction has the potential to make the situation worse. Plus, the court could use anything you do or say against you. After being charged, it’s important to know that there are ways to contest the allegations. False accusations of domestic violence can be devastating and have severe, long-lasting effects on your life. Given these stakes, tackling your case alone might not be the best approach. You may need to build a defense, which could involve challenging the evidence, questioning the credibility of witnesses, negotiating a plea deal or seeking to dismiss the charges if you maintain your complete innocence.

Exploring these options often requires the help of legal counsel, who can guide you through the court system, help mitigate serious consequences and protect your rights to contest the allegations.