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  1. #1
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    Jan 2017
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    Question Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    My question involves criminal law for the state of: TEXAS

    I was charged with assault family violence impeding breathe (felony) and unlawful restraint. I also have a prior from 2012 which was a misdemeanor (convicted) and one from 2015 (felony) which was NO BILLED. In the case from 2015 my wife (alleged victim) signed an affidavit through my private attorney and eventually the case was no billed. Now, after all the smoke has cleared my wife wants to again recant her story (not all the facts were out) and sign an affidavit through my attorney (almost same exact situation as last) I was just wondering if you guys think the prosecutor will dismiss the cases seeing that the victim does not want to cooperate and i have a private lawyer? How often do prosecutors proceed with affidavits of non prosecution in place?

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Can My Case Be Dismissed

    No way to tell really. Given your history, I wouldn't drop it if I were the prosecutor. It sounds like you need to do some time. How many times did you beat her that she didn't call the police?

    Your relationship with your wife needs to end. You need counseling/mental health assistance to deal with what appears to be some serious anger control issues.

  3. #3
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    Jan 2017
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    Default Re: Can My Case Be Dismissed

    Also, prosecutors are quite accustomed to victims recanting. It wouldn't be the first time by any means that one continued with a prosecution despite the protests of the victim.

    Not saying he WILL, because I don't know. Just that it's not as major a factor as I'm sure you hope it will be.

  4. #4
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    Feb 2008
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    Default Re: Can My Case Be Dismissed

    And since it is not the first time, I would say your chances of it being dropped again are lower than last time with all other things being equal. It's beginning to become a pattern (since this is now a third).

    Please get help for your anger. There's never a good excuse for choking or restraining your wife.

  5. #5

    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    I doubt it, I got arrested back in September 2016 for a domestic. It was just a fist fight with my older brother in my house.Which he does not live he pushed me so I hit him

    while we fought my mother called the police and i was the only one arrested for the altercation. Plus not only did i get a domestic assault charge for him i got charged for the other ppl who where there at the time the cops came three in total.

    This was my 1st charge ive had as an adult i was barely 20 years old and I was in jail for 3 weeks and on my court date my brother and the other ppl who i was charged for all said they didn't wont to press charges but the state did anyway

    I had to plead guilty to 1 of 3 domestic assault. Or i was going to. Stay in jail til a trail in which i could get a year for each charge so I pleaded to 1 and got time served and a year probation and anger management.

    Plus i can never owe a gun or join the military all for hitting my brother at 20 violent crime is no joke man.. But i am from TN so your case my be different

  6. #6
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    Jan 2015
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    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    And in TN and in TX young fellows like you, who tend to settle things with their fists and are from families which handle their domestic issues this way by habit are probably known by name to local law enforcement, and the prosecutor who is looking at this will most likely decide that perhaps, as young as you are, you will profit from some stern correction, whether this particular girlfriend (and there will be others, down through the years) decides to press charges or not. As I'd see it, you're already charged with a violent crime. So charging you again, with more consequences isn't going to change your status as far as being able to join the military or own a gun, might actually make some sort of impression on you. Why not try it?

  7. #7
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    Mar 2016
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    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    Quote Quoting Asizzle33
    View Post
    My question involves criminal law for the state of: TEXAS

    I was charged with assault family violence impeding breathe (felony) and unlawful restraint. I also have a prior from 2012 which was a misdemeanor (convicted) and one from 2015 (felony) which was NO BILLED. In the case from 2015 my wife (alleged victim) signed an affidavit through my private attorney and eventually the case was no billed. Now, after all the smoke has cleared my wife wants to again recant her story (not all the facts were out) and sign an affidavit through my attorney (almost same exact situation as last) I was just wondering if you guys think the prosecutor will dismiss the cases seeing that the victim does not want to cooperate and i have a private lawyer? How often do prosecutors proceed with affidavits of non prosecution in place?
    That's up to the prosecutor but I hope for your wife's sake he/she does not drop the charges if she doesn't cooperate.

    What did you say or do to her to get her to recant? Did you tell her you're sorry? You didn't mean it? It won't ever happen again? That wasn't you...you were drunk/high/(insert whatever other excuse here).

    Get some help asap. You have serious anger issues. I hope your wife gets away from you and also seeks counseling.

    Quote Quoting comment/ator
    View Post
    And in TN and in TX young fellows like you, who tend to settle things with their fists and are from families which handle their domestic issues this way by habit are probably known by name to local law enforcement, and the prosecutor who is looking at this will most likely decide that perhaps, as young as you are, you will profit from some stern correction, whether this particular girlfriend (and there will be others, down through the years) decides to press charges or not. As I'd see it, you're already charged with a violent crime. So charging you again, with more consequences isn't going to change your status as far as being able to join the military or own a gun, might actually make some sort of impression on you. Why not try it?
    What are you talking about? Cody Lane didn't attack a girlfriend. He fought his brother. The OP beat the hell out of his wife. Two different scenarios.

    Also - if you are convicted of a domestic violence charge you cannot join the military due to the Lautenberg Amendment. That precludes anyone who is convicted of domestic violence from handling a weapon - which you have to do in the military. That's why servicemembers who get convicted of domestic violence often get discharged from the military (not always. I have seen people get through the system because of "buddies" they have).

    I think you mixed up the OP and Cody's posts though.

  8. #8

    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    There's a heck of a lot more consequences than gun ownership with a DV conviction... even though they are usually misdemeanors, a lot of employers view them with the same scorn as a felony. You can also forget about a career in the health sciences or department of human services. Custody battles, family court, and divorce proceedings become a nightmare for anyone accused or convicted of abuse, etc.

    OP's situation is the exact reason that many states have taken up mandatory arrest/no drop prosecutions for DV. The case gets flipped to the state, and the victim has no say in decisions to prosecute. Though, there are known tricks that a victim can play to get the state to drop, like if she doesn't show up at pre-trial. Regardless if the wife keeps writing these affidavits seeking nolle prosecution for these heinous crimes, its just going to look like psychological manipulation by the husband which is a further sign of domestic violence. And if one of these days the wife gets killed, well the state is gonna have blood on its hands and its not gonna be a good look.

  9. #9
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    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    Quote Quoting ignoramus23
    View Post
    There's a heck of a lot more consequences than gun ownership with a DV conviction... even though they are usually misdemeanors, a lot of employers view them with the same scorn as a felony. You can also forget about a career in the health sciences or department of human services. Custody battles, family court, and divorce proceedings become a nightmare for anyone accused or convicted of abuse, etc.
    And that's how it should be ... most of the time.

  10. #10
    Join Date
    Jul 2015
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    Florida
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    Default Re: Will Family Violence Charges be Dismissed if the Victim Doesn't Cooperate

    If there are independent witnesses or documented injuries it is improbably that a prosecutor will drop this. Without a cooperative victim, independent witness, or injuries a conviction is very difficult to obtain. Nevertheless, in my jurisdiction the case is not dropped unless the victim attends a victim's seminar in which they are educated about partners or family members who batter. No way to know the details in this case, so no prediction.

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