Many people assume that a domestic violence case ends if the alleged victim decides not to press charges.

Did you know that in Texas, the State can still prosecute the case even if the alleged victim does not want it to continue?

This is one of the most misunderstood parts of Texas criminal law.

The Decision Belongs to the Prosecutor

Under Texas law, criminal charges are filed by the State of Texas, not by the alleged victim.

Once an arrest occurs for assault causing bodily injury – family violence, the prosecutor reviews the evidence and decides whether to move forward.

Even if the alleged victim asks that the charges be dropped, the prosecutor may continue the case.

Why Prosecutors Sometimes Proceed Without the Victim

Prosecutors may believe that other evidence proves the offense occurred.

This evidence may include:

• 911 calls made during the incident
• statements given to police officers
• officer observations and body camera footage
• photographs of injuries
• witness statements
• medical records

In some cases, prosecutors may issue a subpoena requiring the alleged victim to appear in court.

What This Means for Defendants

If you are charged with assault family violence in Texas, it is important not to assume the case will go away simply because the alleged victim changes their mind.

A criminal case can continue based on the available evidence.

That is why it is important to understand the legal process and develop a strategy early.

Steps To Take If You Are Facing Charges

If you are charged with family violence in Bell County or Central Texas:

• Follow all court orders and protective orders
• Avoid any communication about the case with the alleged victim
• Preserve evidence such as text messages or videos
• Document what you remember about the incident
• Speak with an experienced criminal defense attorney

Early legal advice can make a significant difference in how the case develops.

Talk With a Temple Texas Criminal Defense Lawyer

If you are facing a family violence charge in Temple, Belton, Killeen, or Bell County, it is important to get legal guidance.

Bobby Dale Barina
Barina Law Group
2207 Birdcreek Drive
Temple, Texas 76502

📞 Call (254) 699-3755

✉ Email [email protected]