Dropping Assault Family Violence Charges

One of the most common questions that my clients have after an assault family violence arrest is whether their spouse can drop the charges. The short and simple answer is “No.” The decision as to whether to drop an family violence charge lies solely with the prosecution. The State can and will prosecute family violence or domestic assault cases with or without the cooperation of the alleged victim.

There is a common misconception that a spouse can simply “drop the charges” in an assault family violence case. However, in general, a prosecutor will almost always contact an alleged assault victim to inquire as to their thoughts on the prosecution of the case. Although a prosecutor may take an alleged victim’s wishes into consideration, they are also well-versed in the very nature domestic violence and understand that the “cycle” of family violence is often a reality for many real victims of domestic abuse. A good Austin criminal defense lawyer will also have a thorough understanding of this complicated area of the law.

Domestic Violence Attorney in Austin, Texas

If you have been arrested for assault family violence or domestic violence, you need to obtain an attorney immediately. As an Austin domestic violence attorney, Kevin Bennett offers free legal consultations for assault family violence cases in Travis County. To schedule a free legal consultation, please call the Law Office of Kevin Bennett at (512) 476-4626. You may also contact us through email.