The Short Answer
No. In Texas, a domestic violence case is brought by the State, not by the alleged victim, so only the prosecutor can dismiss it. The alleged victim can tell the prosecutor they don’t want the case to go forward, and that can matter, but prosecutors in Collin and Denton County regularly continue cases without the alleged victim’s cooperation.
Why “Dropping Charges” Isn’t Up to the Alleged Victim
Once police make a family violence arrest, the case is styled The State of Texas v. [the accused]. The alleged victim is a witness, not a party. Many people are surprised by this, especially when the incident was a one-time argument and both people want to move on. But prosecutors know that people in family violence cases often reconcile, and many offices have policies designed to keep cases moving even when the complaining witness changes their mind.
The Affidavit of Non-Prosecution
An alleged victim who doesn’t want the case to proceed can sign an affidavit of non-prosecution. It’s a sworn statement saying they don’t wish to pursue charges, and sometimes it explains why. Prosecutors read these and consider them, but an affidavit doesn’t end a case by itself. Some important cautions:
- The affidavit should be the alleged victim’s own decision, in their own words. They may want to speak with their own lawyer first.
- A statement that contradicts what they told police can raise questions about which version is true, and making a false report to police is its own offense.
- The prosecutor may still subpoena the alleged victim to testify at trial.
How Prosecutors Proceed Without the Alleged Victim
Prosecutors call this “evidence-based prosecution.” Instead of relying on the alleged victim’s testimony, they try to prove the case with:
- The 911 call recording
- Police body camera and dash camera video
- Photos of injuries or damage
- Statements made to officers at the scene
- Medical records and testimony from other witnesses
Not all of that evidence is automatically admissible. The Constitution gives you the right to confront the witnesses against you, and certain statements made to police can’t be used unless the person who made them testifies. Challenging what the State can actually use is often where a defense lawyer makes the biggest difference in these cases.
Texas spousal privilege also doesn’t help much here. A spouse generally can’t refuse to testify in a case where the other spouse is charged with a crime against them.
A Warning for the Accused: Don’t Ask Them to Drop It
If you’re the one charged, don’t ask, pressure, or encourage the alleged victim to drop the case, sign an affidavit, or skip court, and don’t send that message through friends or family. Doing so can violate your bond conditions or protective order, and it can be charged as tampering with a witness, a separate crime that can be more serious than the original charge. Let your lawyer handle all communication about the case.
What Actually Moves a Case Toward Dismissal
- A defense investigation that finds problems with the State’s evidence
- Successful challenges to statements or recordings the State wants to use
- Showing self-defense or that the events didn’t happen as reported
- Negotiating a reduction to a charge without a family violence finding, or a pretrial diversion program where available
Frequently Asked Questions
Can the alleged victim just not show up to court?
If they’ve been subpoenaed, ignoring the subpoena can have legal consequences for them. And as explained above, the State may try the case without them.
Can the alleged victim talk to the prosecutor?
Yes. Most prosecutor’s offices have victim assistance coordinators, and the alleged victim can share their wishes with them directly.
What if we’re back together?
Reconciling doesn’t end the case, and if a protective order or no-contact bond condition is in place, living together may violate it. Talk to a lawyer about asking the court to modify those conditions. You can also read about what happens in the first 72 hours after a family violence arrest.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you are facing a family violence charge, the earlier your defense starts, the more options you will have. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our domestic violence defense practice.
