By Graham Norris

Many people believe that if the alleged victim wants to drop family violence charges, the case will automatically be dismissed. In Texas, that is usually not how the process works.

While the alleged victim’s wishes may be considered, the decision to continue or dismiss the case belongs to the prosecutor—not the alleged victim.

The Prosecutor Decides Whether the Case Continues

After an arrest for family violence, the prosecutor reviews the available evidence and decides how to proceed.

Even if the alleged victim says they no longer want to press charges or asks for the case to be dismissed, the prosecutor may still move forward if they believe there is enough evidence.

Why Would the Case Continue?

Prosecutors often rely on more than just the alleged victim’s statement. They may consider evidence such as:

• Police reports
• Body camera footage
• Photos of injuries
• Medical records
• Witness statements
• 911 recordings

If they believe this evidence supports the charge, they may continue the case even without the alleged victim’s cooperation.

Don’t Contact the Alleged Victim

If you have been arrested, it is important to follow all bond conditions and court orders.

In many cases, there may be a protective order or a condition that prohibits contact with the alleged victim. Violating those conditions can result in additional criminal charges or other legal consequences.

If you have questions about communicating with the alleged victim, speak with your attorney first.

Every Case Is Different

Just because the alleged victim wants the charges dropped does not mean the case is over. However, it also does not mean a conviction is inevitable. Some family violence charges are dismissed after a careful review of the evidence.

A criminal defense attorney can review the evidence, identify weaknesses in the prosecution’s case, and determine the best strategy for your defense.

Contact Norris Legal Group Today

If you’ve been charged with family violence in Texas, don’t assume you know how your case will end. Contact Norris Legal Group today for a free consultation. We’ll review your case, explain your legal options, and fight to protect your rights and your future.