How To Drop Charges Against Someone For Domestic Violence In Texas. Occasionally, in a domestic violence situation between partners or spouses, the victim of an assault decides he or she does not want to press charges any longer. A dismissal is usually based upon insufficient evidence for the case to continue.
It is the state government that issues all criminal charges, including domestic violence. These offenses are punishable by 2 to 10 years in a texas penitentiary. In the early 1990's and before, many states had domestic violence diversion programs where the charges would be dropped upon the spouse's consent, and with the domestic violence suspect confessing to the crime and apologizing.
Second, a person cannot drop a criminal court case against someone.
A dismissal is usually based upon insufficient evidence for the case to continue. Generally, the victim does not have the authority to drop charges against a person arrested for domestic violence, and the case may still proceed even if the victim refuses to testify. The district attorney’s office has a no drop policy on domestic violence matters and this drop charge request is not available. The parties would need to agree to file a dismissal, and then the petition for the order may drop.