Can the victim drop family violence charges?

What is an affidavit of non-prosecution?

It is a sworn statement in which the alleged victim says they do not want the case prosecuted. It is not a dismissal. Prosecutors consider it along with the rest of the evidence. In some cases it carries weight; in others the State proceeds anyway.

Can the alleged victim refuse to testify?

A subpoenaed witness generally must appear. Spouses usually cannot rely on the spousal privilege, because Texas Rule of Evidence 504(b) makes it unavailable when the accused is charged with a crime against the spouse or a member of the household.

What should the accused do?

Do not contact the alleged victim about the case, directly or through friends, family or social media. That can violate bond conditions or an emergency protective order (Penal Code 25.07) and can lead to new charges. Let your lawyer communicate with the prosecutor.

What should the alleged victim do if they want to talk to someone?

They can contact the prosecutor's office handling the case. Texas Criminal Defense Attorneys PLLC represents people accused of crimes and cannot advise the alleged victim.

Can a spouse refuse to testify?

Texas Rule of Evidence 504 generally lets a spouse refuse to be called as a witness for the State against the other spouse. But the rule has exceptions, including cases where the accused is charged with a crime against the spouse or a member of the household. In most family violence cases, that exception means a spouse can be required to testify.

Can the case go forward without the alleged victim?

Sometimes. The State may try to use other evidence: the 911 call, body camera video, photos, medical records and officers' observations. Under the Confrontation Clause, statements made mainly to prove past events for a prosecution generally cannot be used unless the person testifies or the defense had a chance to cross-examine them (Crawford v. Washington, 2004), while statements made to deal with an ongoing emergency, such as many 911 calls, may be admissible (Davis v. Washington, 2006). Which statements come in is often the most important legal question in these cases.

What is "forfeiture by wrongdoing"?

If the accused wrongfully causes a witness to be unavailable, for example by pressuring them not to come to court, the accused can lose the right to object to that witness's statements (Code of Criminal Procedure 38.49). Pressuring a witness can also be a separate crime, such as tampering with a witness (Penal Code 36.05), and contact can violate bond or a protective order (Penal Code 25.07).

What rights does an alleged victim have?

Crime victims in Texas have rights, including the right to be informed and to confer with the prosecutor. An alleged victim who wants their views heard can speak with the prosecutor's office or a victim advocate, or consult their own lawyer. We represent the accused and cannot give legal advice to the alleged victim.

What should the accused do?

• Follow every no-contact condition, even if the other person reaches out.
• Let your lawyer communicate with the prosecutor about the alleged victim's wishes.
• Preserve messages that show what happened, without responding to them.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I bring to a consultation?

• Bond paperwork and any protective order, with the dates you received them
• Messages, call logs and social media posts from before and after the incident, saved in the original app and as screenshots
• Names of witnesses and anyone who saw or heard part of what happened
• Photos of any injuries you had, and medical records
• Any earlier police reports, court cases or orders involving either person

Can the alleged victim ask to change the emergency protective order?

A magistrate's order for emergency protection can be modified only after notice to each affected party and a hearing, and only if the court finds that the order as issued is unworkable, that the change will not put the victim at greater risk and that it will not endanger anyone protected by the order (Code of Criminal Procedure 17.292(j)). Until a court changes it, the order stays in effect even if both people want contact.

Does reconciling end the order or the case?

No. Reconciliation or agreements between the people affected do not change the validity of a protective order or bond condition or an officer's duty to enforce it (Penal Code 25.07(d)). Police may not arrest the protected person for a violation of the order (25.07(e)), so contact is a risk only for the accused. The criminal case belongs to the State, and only the prosecutor can dismiss it.

What should both people keep in mind?

The accused should not ask, pressure or pay anyone to change their testimony or skip court, which can lead to a separate charge and to losing the right to object to that person's earlier statements (Code of Criminal Procedure 38.49). The alleged victim can talk to the prosecutor's victim services staff or to their own lawyer.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026