FORT WORTH DOMESTIC VIOLENCE DEFENSE ATTORNEYS
Assault of a Family Member, sometimes called Domestic Violence or Domestic Abuse, is one of the most charged crimes in Tarrant County. Our Fort Worth domestic violence defense lawyers understand that most of these situations begin with a simple misunderstanding between a husband and wife, a boyfriend and girlfriend, or two other people in a domestic relationship. The misunderstanding spirals out of control, perhaps threats are made or objects are thrown. There may be pushing, hitting or some other form of physical violence.
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One person calls the police, hoping that a police officer will come and sort the dispute out. However, when the police officer arrives, he or she makes an arrest, because he or she is required to. One person is charged with assault — domestic violence, and taken away. Many times, the police officers make an arrest for Assault Family Violence against the wishes of all parties involved and when there is no ongoing emergency or visible injury. Sometimes, they even arrest the person that made the 911 call looking for help.
Can the victim drop domestic violence charges in Fort Worth?
With so many people being arrested for Assault of a Family Member, we are often asked by spouses and loved ones: “How can I dismiss the assault charges?” Technically, you can’t. The Tarrant County District Attorney’s Office has a “No-Drop” policy on cases of Assault (Bodily Injury) of a Family Member. However, despite this no-drop policy, the Fort Worth Domestic Violence Defense Lawyers at Barnett Howard & Williams have experienced considerable success in getting Domestic Assault charges dropped and dismissed. Our attorneys know the options available. We will push to have the case dismissed, if appropriate. We will pursue an affidavit of non-prosecution. When it makes sense, we may suggest that the accused attend a batterers’ intervention class or some other form of treatment, if some form of abuse actually took place. Our goal is to get you through this without a conviction and without a criminal record.
What is an Affidavit of Non-Prosecution?
An Affidavit of Non Prosecution is a sworn legal document that a victim of domestic assault can file with the prosecutor to express a desire for the case to be dismissed, dropped, or reduced to a lesser charge. An Affidavit of Non-Prosecution does not create any legal obligation on the district attorney to dismiss that case, but what we have seen in Fort Worth is that prosecutors take the Affidavit of Non-Prosecution very seriously when deciding how to proceed on cases involving Assault of a Family Member. The most effective way to file and Affidavit of Non-Prosecution in Fort Worth is to arrange a meeting with the Tarrant County Victim Coordinator and file the affidavit during that meeting. The Victim Coordinator and the assistant district attorney will interview the victim and if appropriate, help them file the Affidavit of Non-Prosecution. Another way to file the affidavit is the have the criminal defense lawyer help you, but sometimes the prosecutor will not give much weight to affidavits that come through the defense attorney.