Houston, TX asked in Criminal Law for Texas

Q: My boyfriend is getting charged with domestic violence, can charges be dropped if victim never wanted charges filed?

My boyfriend and I got into a fight and the police were called. I never wanted to press charges against him, and when the police came they never asked me wether I wanted to press charges or not. What can we do to try and get the charges dismissed without him having to go to jail?

Related Topics:
1 Lawyer Answer
Shawn H. Smith
Shawn H. Smith
  • Fort Collins, CO
  • Licensed in Texas

A: This is a very common situation. Usually, in a domestic dispute, the police will charge him and take him in just to diffuse the situation. What you need to understand is that, at least in Texas, civilians don't actually press charges, the district attorney does. It is your choice as to whether you want to cooperate as a witness, but they can charge him without you. They likely can't convict him without you, though, so with an sn experienced criminal defense attorney you may be able to get the charges dropped. You should call around and get a consultation with a lawyer, because you will definitely need help navigating this issue in court. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.