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Can a domestic violence case end if initial claims are recanted?

On Behalf of | Jan 25, 2024 | Domestic Violence |

Those accused of domestic violence in Texas could face an assortment of penalties. The consequences could include incarceration and loss of employment, particularly for those in certain professions where background checks are mandatory.

Individuals charged with domestic violence may be in a volatile relationship or may just have a boisterous personality. The alleged victim may not even be the person accusing them of a crime. Neighbors and passers-by may have contacted authorities when they overheard something without any context, and police officers may have arrested someone based on that report and a few other concerns.

Provided that the alleged victim is not eager to pursue someone’s prosecution, they might reverse or recant prior statements made to law enforcement or prosecutors. Can convincing someone to recant lead to the dismissal of charges?

The state expects alleged victims to recant

The unfortunate truth about domestic violence cases is that they are notoriously difficult to evaluate. Prosecutors and police officers can easily make mistakes when responding to allegations of violence between family members or intimate partners. Some people say things out of anger in a moment of frustration that they later regret because it makes their partner or family member look volatile or dangerous.

They may then want to recant or change their prior statement to prosecutors or law enforcement. Unfortunately for domestic violence defendants, recanting witnesses and victims is a well-known phenomenon. Texas state prosecutors often do not pursue domestic violence charges unless they feel confident that they can secure conviction even without the cooperation of the alleged victim.

Therefore, someone simply reversing or altering their prior statement to the authorities is unlikely to result in a dismissal of the pending charges against someone. However, they may still be able to work with the other party involved in the incident to develop a more effective defense strategy. Testimony from someone alleged to be a victim could help convince the courts that the situation was not what police officers believed it to be. There could be other viable defense strategies available as well depending on someone’s prior record and the unique details of the case.

Ultimately, learning more about how Texas handles domestic violence charges may benefit those hoping to fight back against accusations that could forever alter their life and damage their reputation.

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