Houston, TX asked in Criminal Law and Domestic Violence for Texas

Q: Due to drugs abuse my sister won't press DV despite extensive abuse. TX Cops already took pics can State press charges?

Recent abuse ended up in a ride in an ambulance with broken back, marks on neck from choking, eyes swollen shut, severe facial bruising, etc. Police took pictures but he has manipulated her mind and she can't mentally escape his grasp. It is sad because the only thing that stopped him from killing her was a knock at the door (her words).

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Prosecutors win murder cases without the testimony of the alleged victim. So yes, Yes, the state can (and often does) pursue a conviction for domestic assault without the help of the alleged victim. Here in Austin, county prosecutors will seek a Family Violence conviction even when the alleged victim is begging them to drop the charges.

However, the fact that your sister was badly injured won't necessarily be enough for the state to win a conviction. Texas has very lenient laws regarding the use of force in Self Defense or to defend property. If your sister tells the police or prosecutor that she actually STARTED the physical fight, or that she damaged or otherwise unlawfully interfered with his property, that could provide her abuser with a legal justification for violence and ruin the prosecution's case against him. Sometimes there is a difference in the level of violence that is morally justified versus what is legally justified.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Actually, in Texas, ONLY the State of Texas can press charges. The complaining witness (victim) never presses charges under Texas law. So the answer is most definitely yes, the State can and does press charges. However, unless the violence is extreme, as your sister's facts suggest, most prosecutors are hesitant to act without a willing victim. They'll do it, but they don't like it.

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