Domestic violence charges can get dropped in Texas, but only the prosecutor can make that call, and a signed affidavit from the complainant does not end a case on its own. Fulgham Hampton Criminal Defense Attorneys defends people accused of family violence in Fort Worth and across Tarrant County, and we focus on what the State can prove without the complainant's help.
We review the police report, the body camera video, and any affidavit before it reaches the prosecutor. Call 817-877-3030 to have our team review your family violence case.
What an Affidavit of Non-Prosecution Actually Covers
An affidavit of non-prosecution (ANP) is a sworn written statement, usually signed by the person who reported the incident, asking that a family violence case not move forward. Someone who wants domestic violence charges dropped often sees it as the way to do it.
What goes inside it matters more than the title on the page. A useful affidavit covers:
- Corrections to specific statements in the police report
- Facts that were left out at the scene
- Whether any injury or physical pain occurred
- The person's own wishes about prosecution
- Confirmation that nobody pressured the signer
Sworn wishes alone carry little weight with a prosecutor. Specific facts that undercut an element of the offense get read closely. Jeff Hampton and Brandon Fulgham review an affidavit with that distinction in mind, focusing on the specific facts that may affect the State's case.
What Does an Affidavit of Non-Prosecution Not Cover?
Signing an affidavit of non-prosecution brings no automatic dismissal. The affidavit is evidence a prosecutor weighs. Several things fall outside its reach entirely:
- The arrest record already on file
- A no-contact condition set by the court
- A protective order signed by a judge
- A subpoena that has already been issued
- The original statement given to police
No automatic dismissal means the paperwork opens a conversation and nothing more. We handle the bond conditions and the protective order as their own fights, because one signature will not move either, and contact that breaks a protective order can lead to a separate violation charge.
Who Really Has the Power to Drop Domestic Violence Charges?
Only the State, acting through the prosecutor, has the power to drop domestic violence charges in Texas. Once police make an arrest, the case belongs to the State rather than to the person who made the report, so there is nothing for that person to withdraw later. The person who called police is a witness in the State's case.
Under Texas Code of Criminal Procedure Article 2A.101, a prosecutor's primary duty is not to convict, but to see that justice is done. That duty runs to the public at large. A prosecutor who believes an assault happened can keep the case alive over everyone's objection.
In Tarrant County, the decision to proceed rests with the Criminal District Attorney's Office, which weighs the available evidence and does not treat a signed affidavit as the end of a case.
That reality is why the next move belongs to a defense team. Call 817-877-3030, and we will tell you what a signed affidavit can realistically do in your case.
How Do Prosecutors Move Forward When the Complainant Wants the Charges Dropped?
Prosecutors can move forward without the complainant by building the case through a method called evidence-based prosecution. The file gets assembled at the scene with a recantation already in mind, and it usually includes:
- Body camera video from the responding officers
- Photographs of injuries, torn clothing, and damaged property
- Emergency room and clinic records
- Recorded 911 audio
- Jail call recordings after the arrest
- Prior police contacts at the same address
Specifically, none of that evidence needs the signer of an affidavit to sit in the witness chair. Brandon Fulgham and our domestic violence defense team request the full set early because what the file lacks can matter as much as what it holds.
Call 817-877-3030 to have us request that evidence in your case.
Can Something Said at the Scene Be Used Later?
Something said at the scene can be used later in a Texas family violence case, even if the speaker never testifies. Texas evidence rules allow certain statements made under the stress of a startling event to come in through the officer who heard them. Courts call these spontaneous or excited utterances.
In contrast, a calm statement given hours later at the station usually needs the speaker present. That timing gap is where we work, comparing what the report quotes against what the body camera actually recorded.
The Legal Risks of Changing a Sworn Story
Signing a sworn document that contradicts an earlier police statement creates real exposure for the signer. Under Texas Penal Code § 37.02, a knowing false statement under oath is a Class A misdemeanor, and the exposure climbs when the statement is made during a court proceeding. That risk is worth understanding before anyone asks to have domestic violence charges dropped.
Step one is separating what the signer actually knows from what they now regret. The trouble spots are consistent:
- A sworn contradiction: One of the two statements is false, and the State picks which one it believes.
- A false report to police: Telling officers something that did not happen is its own misdemeanor offense under Texas Penal Code § 37.08, separate from perjury.
- A subpoena that backfires: Testimony contradicting the original report can leave a witness needing independent counsel to advise on the Fifth Amendment, the constitutional right to refuse to give answers that could be self-incriminating.
A defense team cannot advise the person on the other side of the same case. Our firm says so plainly and points families toward separate counsel when that is what the situation needs.
Where a Complainant's Wishes Go in a Tarrant County Case
Every prosecuting office in Texas designates a victim assistance coordinator under Texas Code of Criminal Procedure Article 56A.201, and that coordinator guides the complainant through the court process.
The coordinator's role is to explain the process and connect the complainant with community resources, not to decide whether charges continue. That decision stays with the assigned prosecutor.
Because a request to drop a case passes through several hands, timing matters. An affidavit that arrives with no context can sit in the file, while one that lines up with the evidence review gives the prosecutor a reason to take a second look.
Waiting without a plan can waste the most useful weeks of a case. Call 817-877-3030 and bring the timing question to our Fort Worth defense team while the file is still fresh.
How Our Fort Worth Team Turns an ANP Into Leverage
Jeff Hampton worked as a prosecutor in the Tarrant County District Attorney's Office, serving as a felony, misdemeanor, and grand jury prosecutor. Brandon Fulgham also served as a prosecutor in Tarrant County after working in the Collin County District Attorney's Office.
That firsthand prosecution experience helps them assess how a prosecutor may evaluate a signed affidavit alongside the rest of the evidence. We treat the affidavit as one part of the broader defense strategy.
What it takes to get domestic violence charges dropped shifts with each file. An affidavit can support several requests:
- A dismissal before the case is filed
- A reduction to a charge without a family violence finding
- Deferred adjudication, a supervised period that can end without a final conviction
- A pretrial presentation to the reviewing prosecutor
Jeff Hampton, Brandon Fulgham, and our Fort Worth defense team review the affidavit in the context of the full case and determine how and when to present it to the prosecutor.
Call 817-877-3030 so our team can review the file before an affidavit reaches the prosecutor.
FAQs: Can Domestic Violence Charges Get Dropped?
These questions come up after the first setting, once the shock has worn off. None of the answers takes the place of advice about your own file.
Can an Affidavit of Non-Prosecution Be Withdrawn After It Is Signed?
A signed affidavit of non-prosecution can be followed by a later statement, but the original stays in the file. A later letter or statement does not erase the first one, and a prosecutor can use both.
Will a Pending Family Violence Charge Affect a Custody Case?
A pending family violence charge can affect a custody case. Family courts and criminal courts run on separate tracks, and a pending charge often shows up in temporary orders long before the criminal case resolves.
Does an Affidavit of Non-Prosecution Have to Be Notarized?
An affidavit of non-prosecution has to be sworn, which usually means signing it in front of a notary. An unsigned or unsworn version is not an affidavit and carries little weight with a prosecutor.
Can the State Refile a Family Violence Case After a Dismissal?
The State can refile a family violence case after a dismissal as long as the limitations period, the legal deadline for bringing a charge, has not run. A dismissal alone leaves that possibility open, so we push for resolutions that close the door permanently.
Do I Have to Tell My Employer About a Pending Charge?
Most people do not have to tell an employer about a pending charge unless the job or a professional license requires reporting an arrest. Jeff Hampton and Brandon Fulgham can review that reporting question with you before you volunteer anything.
Talk to Our Team About Getting Domestic Violence Charges Dropped
Whether domestic violence charges get dropped depends on the evidence, the timing, and how the defense presents the case to the prosecutor. Fulgham Hampton Criminal Defense Attorneys reviews Tarrant County family violence files from the first court setting forward.
Call 817-877-3030 to have our Fort Worth team start on your case.
Prior results do not guarantee a similar outcome. Statutes and procedures may change; verify current law before relying on this page.