If my girlfriend lied on a police report stating I beat her up, is there a way to get this charge dropped?

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If my girlfriend lied on a police report stating I beat her up, is there a way to get this charge dropped?

I got arrested for domestic violence. She has since told the police and the D.A. she lied but the state picked up the charges anyway. The incident involved my girlfriend getting angry and accusing me of cheating. She punched a hole in my apartment wall and started throwing things trying to break them. I had to restrain her causing bruises on her arm and side.

Asked on October 23, 2015 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There's no way to force the authorities to drop the charges: all you can do is ask. Unlike in a lawsuit, where the person with the claim or complaint brings the case and is in charge of it (is the plaintiff), when you contact the authorities, the authorities (i.e. the "state") is the party in charge of the case, and the person who brought the complaint or claim (e.g. the victim) is a witness--the "complaining witness." Since the state is in charge of the case, they do not have to drop the case even if the complaining witness asks them to do so. They often listen to the complaining witness (since it's hard to prosecute if the main witness will not cooperate), but may not, especially in domestic violence cases, if they feel that the complaining witness is just trying to protect her attacker, such as out of love or fear. If they feel that there is reason to think your girlfriend is lying and/or that you did attack her, they may continue with the case, as they seem to be.


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