What to do if my boyfriend of 5 years is facing felony domestic violence charge and I would like to drop them?

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What to do if my boyfriend of 5 years is facing felony domestic violence charge and I would like to drop them?

I filed the charges but felt like I had to by the officer. I have given the state a written affidavit stating that the acts of that night are a blur and that in our 5 years together there has never been an issue and that I don’t fear for my safety. What else can I do to end this and have the charges dropped? He is military and this could ruin his career.

Asked on November 10, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even though a victim would like charges to go away, the final decision is with the prosecutor assigned to handle your case.  So even if you would just like them to go away, it cannot happen without the consent and cooperation of the prosecutor.  Some are reluctant because of the growing trends of domestic violence resulting in the death of women-- so their concern is in the right place-- even if it's frustrating to you.

You are not without options though.  Set up a meeting to talk to the prosecutor that is assigned to handle your case.  Often just spending some time talking to them will help them understand that the incident was isolated and justice would not be served by a conviction.  If the prosecutor balks for hestitates at this option-- ask them for a conditional dismissal wherein they dismiss the charges on the condition that your boyfriend completes some anger management classes.  This will help the prosecutor feel like they are helping resolve the situation, rather than just letting another abuse walk free.  If the prosecutor sees that you are thinking through the steps to improve the situation, they will also be more likely to help you with the dismissal that you want for your boyfriend.

If you can't get in to see the prosecutor, then consider contact your boyfriend's attorney and advising them that you would like to sign an affidavit of non-prosecution.  A defense attorney is usually able to get the access to the prosecutor to make sure that your views are heard.


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