If you have been charged with domestic violence in Texas, you may be wondering what will happen next. The good news is that if the victim does not want to press charges, the prosecutor can choose to drop the case.
Affidavit of This is called an affidavit of non-prosecution, and it is a way to avoid having a domestic violence conviction on your record.
However, even if the victim does not want to press charges, the decision ultimately lies with the prosecutor. If they believe there is enough evidence to go forward with the case, they can choose to do so regardless of the victim’s wishes. But if you find yourself in this situation, an experienced criminal defense attorney can help you navigate the process and protect your rights.
NOTE: This video was embedded without permission from Attorney Eric Benavides.
Domestic violence is a serious issue in Texas, and it falls to state law to try and sway victims towards seeking help.
Under the Texas Family Code, any person who commits an act of violence or threatens violence against any family member within their household will be guilty of domestic assault.
Furthermore, any perpetrator may also be subject to criminal prosecution for violation of civil orders intended to protect victims.
Violations include protective orders that prohibit contact with a victim or any other designated individual, either through communication or trespassing upon their residence or workplace.
In instances where a minor is involved, laws concerning endangerment and physical abuse are enforced with added severity.
It is important for victims to seek legal help if they feel unsafe or threatened by someone in their home as local laws are available to aid them and offer protection from such acts of domestic violence.
An affidavit of non-prosecution is a signed statement by a prosecutor attesting to the fact that they have chosen not to pursue criminal charges against someone.
It is an important document in the criminal justice process, as it allows individuals who have been accused of wrong-doing to be informed if the prosecution decides not to file charges. In order for an affidavit of non-prosecution to be considered valid, it must include details such as names, places and dates related to the case and must also include the signature of the associated prosecutor.
These affidavits can provide desperately needed comfort and reassurance to those involved with a certain case – especially when no charges are being pressed forward.
If you find yourself facing charges for domestic violence in Texas, the first thing to do is contact a qualified criminal attorney. An experienced and knowledgeable lawyer will be able to work with the prosecution on your behalf in order to have the charge dismissed or reduced.
Depending on the circumstances, a reduction may include pleading no contest or entering into a deferred adjudication agreement. While each case is unique, the lawyer can assess your particular situation and provide you with the best strategy for obtaining dismissal of your charge.
In cases where there are witnesses to the incident, it’s important to work closely with your attorney so that all evidence can be thoroughly reviewed and presented in court. If necessary, utilizing an expert witness to testify as to facts that are related to the case may also help increase your chances of success in having your charge dismissed.
A domestic violence charge dismissal can provide a sense of relief for the individual facing false accusations, as well as significant rights protection. A dismissed charge prevents the lasting damage that a conviction could cause, such as employment difficulties and other social stigmas.
The defendant also has the opportunity to file motions to have any records related to the case expunged or sealed if the charges are dismissed in court.
In addition, any evidence obtained during an investigation of a dismissed case must be destroyed by law enforcement, meaning that it can no longer be used against the individual. All of these positives demonstrate why having a domestic violence charge dismissed is incredibly advantageous and should not be taken lightly.
Failing to have a domestic violence charge dismissed can have serious implications. Individuals may face hefty fines, probation, or in some cases prison time if found guilty. Even if not incarcerated, anyone with a domestic violence charge on their public record will find it difficult to obtain gainful employment and secure housing. Furthermore, those who do not resolve the charge may also have difficulty obtaining parental rights over children.
As such, if facing such charges it is of paramount importance to seek legal advice as early as possible in order to properly defend oneself against the consequences of a conviction or mitigate the penalties that may be imposed.
Finding an experienced attorney can be a difficult but necessary task to ensure you get the best outcome for your case.
Taking the time to do your research is one of the most important steps in finding an experienced attorney. Ask friends and family for referrals that they may have used in the past, read online reviews of attorneys, and if possible, ask an attorney to provide a reference or two from previous clients. Additionally, make sure that you take the time to speak to any potential lawyer about their qualifications, caseloads and past cases before signing any contracts with them.
By doing this due diligence, you can ensure you have chosen an experienced and dedicated attorney who is committed to success on your behalf.
If you have been charged with domestic violence in Texas, it is important to understand the basics of the charge and what your options are. An experienced attorney can help you navigate the legal process and determine the best course of action for your individual case.
If you would like more information about domestic violence charges in Texas or need assistance finding an attorney, please contact us. We are here to help.
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