"Dropping Charges" in Domestic Violence Cases

Often a woman will contact us after her husband has been arrested for assaulting her. "I just want," she'll say, "to drop charges."

"Dropping charges" so that the prosecutor does not prosecute a person is often not a simple matter. The position taken by many prosecutors is that, once the victim has made the initial complaint, the case is not the victim's to drop or continue. Especially in a family violence case, the state can prosecute a defendant, and possibly convict him, without the assistance and against the wishes of the victim. In such a case a wife can be forced to testify against her husband, and her initial accusation to the police or neighbors can be introduced as evidence against him.

(The logic is that often battered spouses will get the batterers out of trouble, only to be beaten again or killed for their trouble. The government is trying to save battered wives from themselves.)

The situation is complicated by the fact that, for immigration purposes, even a misdemeanor assault against a family member is an "aggravated felony," for which a legal resident can be deported. Many women find themselves losing their husbands to deportation after a hastily-made accusation of abuse.

If the prosecutor is convinced that the initial accusation was false, he might move to dismiss the case. He might also threaten to file criminal charges on the wife for making a false report to the police.

Such situations take a very delicate touch. Call us if you need our help.

(Incidentally, in Harris County bonds on family violence assault cases are initially set at $50,000. Don't make this bond before talking to us!)