Maybe an accidental injury was misinterpreted and resulted in an arrest, or an argument with your teen escalated into accusations of abuse.
Now, you’re facing domestic violence charges and wondering how to get a domestic violence case dismissed in Texas.
A domestic abuse accusation can feel like an unexpected storm that threatens everything you’ve worked so hard to achieve.
You can take control of your case by understanding your options and working with a knowledgeable San Antonio, Texas domestic violence defense attorney.
Below, our team outlines seven strategies for reducing or dismissing your Texas domestic violence charges.
For immediate assistance, please call (210) 455-1000 or fill out our online form today. We offer free, no-obligation consultations.
Hire The Right Domestic Violence Defense Attorney
Fighting domestic or family violence charges requires a timely, tailored strategy and a deep understanding of Texas law.
Our team knows how to handle domestic violence cases with compassion and skill.
From day one, we’ll:
- Analyze your case to uncover weaknesses in the prosecution’s evidence;
- Leverage these vulnerabilities to negotiate with prosecutors and seek a dismissal or reduction of charges; and
- Prepare a compelling defense for trial if necessary.
With extensive experience in domestic violence defense, we’ll fight to protect your rights, your future, and your peace of mind.
Show The Allegations Are False
According to a 2023 national survey conducted by YouGov, 10% of Americans have been the victim of false domestic abuse allegations. One of the most effective ways to get domestic abuse charges dropped is to demonstrate that the accusations are likely baseless. False accusations frequently occur in emotionally charged situations, like custody battles, contentious breakups, or property disputes.
Your attorney will:
- Uncover critical evidence like texts or emails to dispute the accuser’s claims,
- Highlight inconsistencies in the accuser’s story, and
- Cross-examine the accuser to reveal motives for lying, such as revenge or manipulation.
In Texas, the prosecution has the burden of proving your guilt beyond a reasonable doubt. By demonstrating that the allegations lack credibility, your lawyer can weaken the State’s case, create reasonable doubt, and increase the likelihood of acquittal or dismissal.
Argue Lack Of Sufficient Evidence
You are wondering how to get domestic violence charges dropped in Texas. Another related way to do this is to argue that the State’s evidence is insufficient to prove guilt beyond a reasonable doubt.
Prosecutors rely on evidence to build their case, but domestic violence incidents often hinge on limited or inconclusive evidence. Without physical injuries, credible eyewitnesses, or tangible evidence, a case may rely on one person’s word against another’s.
Your defense attorney can:
- Challenge the admissibility or reliability of evidence;
- Identify gaps in the prosecution’s case;
- File motions to suppress improperly obtained evidence; and
- Argue that cases of one person’s word against another without solid, corroborating evidence always leaves room for reasonable doubt.
Without solid evidence, the prosecution may be unable to meet its high burden of proof, opening the door for your attorney to request dismissal.
Assert Self-Defense
Self-defense is a powerful argument when the facts support it.
To use this defense, you must show:
- You reasonably believed you or another were in immediate danger of harm,
- Your actions were necessary to protect yourself or another, and
- The force you used was proportional to the threat you faced.
For example, if you acted to protect yourself from physical harm during an altercation with your partner, your attorney can present this evidence to the court. Self-defense reframes the case and casts doubt on the prosecution’s narrative, possibly leading to dismissal or acquittal.
Lack Of Intent Or Accidental Actions
Not every physical action constitutes family violence under Texas law.
To find you guilty, the prosecution must prove that you acted intentionally or knowingly to harm the accuser. Accidents like unintentionally bumping into your partner while trying to leave the room during a heated argument do not meet this legal threshold.
Lack Of Cooperation From The Accuser
Sometimes, the accuser may decide not to press charges or cooperate with the prosecution. While Texas allows prosecutors to pursue charges independently, a reluctant accuser can significantly or critically weaken their case.
Factors to consider include:
- The accuser’s refusal to testify,
- The accuser’s written affidavit of non-prosecution, and
- Lack of corroborating evidence beyond the initial accusation.
Your defense attorney will highlight these gaps to strengthen the argument for dismissal.
Challenging Procedural Errors
Procedural missteps by law enforcement or prosecutors can jeopardize the validity of a case.
These errors might include:
- Failing to read your Miranda rights to you before custodial questioning,
- Illegally obtaining evidence, and
- Violating other due process rights during arrest or questioning.
When procedural violations occur, an attorney can file motions to suppress evidence or dismiss charges entirely. These technical defenses may seem minor but can significantly affect case outcomes.
Your Legal Rights: Defended And Protected With Fowlks Law Firm
A domestic abuse charge doesn’t have to define your life. With competent legal representation, you can challenge the accusations, defend your rights, and work toward a dismissal.
Fowlks Law Firm is your strongest ally in fighting family violence charges. We blend compassion, tenacity, and skill to deliver the best possible outcomes for our clients.
Contact us online or call (210) 455-1000 today for a free, confidential consultation, and let’s create a strategy to help you move forward. Hablamos Español.
Frequently Asked Questions
What Percentage Of Domestic Violence Cases Get Dismissed?
Statistics show that a significant portion of domestic violence cases do not result in convictions, with 79% of misdemeanor family violence cases in Bexar County being dismissed in 2023. Most cases are dismissed due to insufficient evidence or the accuser’s unwillingness to testify.
How Long Does It Take For A Domestic Violence Case To Be Dismissed?
The timeline for dismissal can vary depending on your case’s complexity, the court’s schedule, and the defense strategy. While some cases resolve in a few weeks, others may take months. An experienced attorney can speed up the process by finding opportunities for early dismissal.
What Can A Domestic Violence Charge Be Reduced To?
A family violence charge in Texas can sometimes be reduced to lesser offenses, such as disorderly conduct, simple assault, or criminal mischief, depending on the circumstances and the strength of the prosecution’s evidence.
Resources:
- The Weaponization of False Allegations of Abuse. Psychiatric Times (2022), link
- Survey: Over 20 Million Have Been Falsely Accused of Abuse. Center For Prosecutor Integrity (2020), link
- Family Violence Prosecution. Dallas County District Attorney’s Office, link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
