Domestic violence charges in Texas often involve he-said, she-said situations. One partner or family member accuses another of inappropriate physical contact. The other denies engaging in abusive behavior. The courts look at a variety of evidence to try to determine who told the truth or if the truth lies somewhere in the middle of the two claims.
Sometimes, domestic violence cases begin because a neighbor calls the police or one spouse reaches out to the authorities in a moment of anger. The person who initially claimed to experience abuse might later regret their statement to the authorities. They may try to recant their claims in the hopes of ending the prosecution of their romantic partner or family member.
Can a victim choosing to recant force the state to dismiss charges in a domestic violence scenario?
Recanting victims are a common occurrence
Historically, domestic violence has been hard to prosecute because most of what transpires occurs behind closed doors. Additionally, the people who may have experienced domestic violence often do not wish to stand up for themselves.
For example, some people who have experienced long-term violence from an intimate partner may feel emotionally dependent on that partner and cannot imagine leaving. Other times, threats or attempts at coercion might be what inspire one person to recant a statement made to state authorities. In some cases, they may have exaggerated previous statements and want to correct that issue later.
Given the prevalence of witnesses recanting their statements or asking the state to stop the prosecution of a domestic violence case, the state has developed a no-drop policy. Prosecutors in Texas typically do not drop charges just because of victim no longer agrees to assist in the prosecution of the defendant. Typically, prosecutors only bring charges in cases where there is adequate evidence to secure a conviction.
A victim recanting their statement is unlikely to be enough to convince the prosecutor to drop domestic violence charges. There are still defense strategies available to those facing domestic violence charges in Texas. From having the victim serve as a witness for the defense to securing testimony from professionals, there are many ways to raise a reasonable doubt about domestic violence claims.
Choosing to fight back against a domestic violence charge requires careful preparation. Defendants who understand the criminal justice process in Texas can focus their efforts on strategies that could actually help them avoid a conviction.