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

Q: Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.

5 Lawyer Answers
Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You can provide the prosecutor will a non-prosecution affidavit requesting that you do not wish for charges to be filed against your boyfriend if you are the alleged victim. However, it should be well written and you should consult your boyfriend's attorney regarding the language. A non-prosecution affidavit is a sworn, written statement explaining why the alleged victim does not want the State to prosecute the defendant charged with assault family violence. By doing this, it puts the State's case in jeopardy.

John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Domestic violence cases are tricky. The problem for you is that the District Attorney ( D.A. ) will not simply dismiss Domestic Violence cases upon your request. The crime he is charged with is a felony which puts more pressure on the D.A. to be patient with the case for the protection of the victim. Here, that is you.

Too often a D.A. has dismissed a case against a boyfriend, and then a week later, he again assaults and maybe kills the victim the second time. However, you should keep calling the D.A.'s office to tell the prosecutor that you do not want to move forward. It will matter at some point in time. But before you call, please take a minute to think about what you are doing. If you truely were assaulted, or hurt, by your boyfriend, does he deserve you or your help anymore?

Do what you feel is right. Good Luck!

Stephen A. Nicholas and Penny Wymyczak-White agree with this answer

Stephen A. Nicholas
Stephen A. Nicholas
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Are you the complaining witness/"victim" in the case? If you are, then while you are under an obligation to tell the truth about what happened, police reports often vary from what actually happened, but you would be expected to be truthful in whatever you said actually happened. So, having said that, even if whatever your boyfriend did is accurately portrayed, you are able to sign what is known as an affidavit of non-prosecution or words of similar effect, expressing your desire to not prosecute and acknowledging that if the case is dismissed based on the affidavit, you cannot later bring the same claim. The police and district attorney routinely receive these affidavits and either office may even have one you can fill out and turn in. Or, your best bet is to hire a lawyer to prepare one for you, independent from either agency and your boyfriend's lawyer; though, your boyfriend's lawyer is not prohibited from preparing one; it's probably not the best option. Since the police and DAs routinely receive these type of affidavits, they sometime ignore them and at other times pay attention to them, depending on the facts, which are unique in each case. Calling the police that arrested your boyfriend or the DA prosecuting him could also be done, at which time, you could express your wishes. If you are the "victim," you are usually assigned an advocate within the local DA's Office with whom you could also express your opinion. You may also have one assigned at the police department level. At this point, at whatever stage you're in with the process, you are merely a witness and it's the police investigating what they believe is a crime that has been committed, or the DA investigating or prosecuting a crime they believe has been committed, so the point is that they are pursuing a public safety/keep the public safe/overall keeping of the peace issue, that is a larger issue than you and your desires as to what eventually happens. Having said all of that, the short answer is yes, but it likely won't have an immediate effect on the next step the police or DA take, but it you're persistant, it might, in the long run. Best of Luck!

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You can ask that your boyfriend not be prosecuted but the police doesn't have to honor your request. You can also file a non prosecution affidavit.

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

A: If you are planning a future with the defendant, then the steps you and he should follow are these:

1. He must hire the best criminal lawyer he can afford, NOW. Don't wait for warrants or indictments, etc. He needs a lawyer before the State can act further in this matter.

2. Have him voluntarily enroll in anger/management classes and such other family violence courses as are available. If he sits on his butt and does nothing until he's formally charged, you lose much of your leverage with your request for non-prosecution.

4. Once he is enrolled in the courses and, in cooperation with his attorney, you should be ready to produce a non-prosecution request. The lawyers who have already answered have given you the correct, normal approach to helping you BF. Where I diverge from their approach is make the affidavit about the problems the prosecution will likely cause you. If you plan to stay with him, possibly even marry him, it's you that will have to live with his inability to get a decent job, establish good credit, even be able to rent an apartment. His ability to earn a living will plummet- all things being equal. Ask around what happens to the famililies of people with family violence histories. You'll be the one paying most of the "price" for the prosecution. Point this out to the prosecutor. Also show him/her that your BF already is doing many of the things the Court will require him to do if he is successfully prosecuted.

There are other avenues which are more likely to produce the desired result, but the best person to focus on is you, not him.

Now if you are not planning a future with him, do your best to help him and then accept what happens. Good luck.

1 user found this answer helpful

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