bhwlawfirm2
1 post
Feb 10, 2024
12:42 AM
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Can the victim drop domestic violence charges in Fort Worth?
With so many people being arrested for Assault of a Family Member, we are often asked by spouses and loved ones: “How can I dismiss the assault charges?” Technically, you can’t. The Tarrant County District Attorney’s Office has a “No-Drop” policy on cases of Assault (Bodily Injury) of a Family Member. However, despite this no-drop policy, the Fort Worth Domestic Violence Defense Lawyers at Barnett Howard & Williams have experienced considerable success in getting Domestic Assault charges dropped and dismissed. Our attorneys know the options available. We will push to have the case dismissed, if appropriate. We will pursue an affidavit of non-prosecution. When it makes sense, we may suggest that the accused attend a batterers’ intervention class or some other form of treatment, if some form of abuse actually took place. Our goal is to get you through this without a conviction and without a criminal record.
What is an Affidavit of Non-Prosecution?
An Affidavit of Non Prosecution is a sworn legal document that a victim of domestic assault can file with the prosecutor to express a desire for the case to be dismissed, dropped, or reduced to a lesser charge. An Affidavit of Non-Prosecution does not create any legal obligation on the district attorney to dismiss that case, but what we have seen in Fort Worth is that prosecutors take the Affidavit of Non-Prosecution very seriously when deciding how to proceed on cases involving Assault of a Family Member. The most effective way to file and Affidavit of Non-Prosecution in Fort Worth is to arrange a meeting with the Tarrant County Victim Coordinator and file the affidavit during that meeting. The Victim Coordinator and the assistant district attorney will interview the victim and if appropriate, help them file the Affidavit of Non-Prosecution. Another way to file the affidavit is the have the criminal defense lawyer help you, but sometimes the prosecutor will not give much weight to affidavits that come through the defense attorney.
What is an Emergency Protective Order? | Fort Worth Protective Order Defense Lawyers
An Emergency Protective Order or EPO is an Order from the court that prohibits a person accused of family violence from doing certain acts against the alleged victim. It may prevent someone from committing family violence or assault, communicating in a harassing or threatening manner, going within 500 feet of particular residence, workplace or school, or possessing a firearm. An Emergency Protective Order may be issued on request from a police officer, an alleged “injured party,” or an attorney for the State. An EPO can be effective for 31 – 91 days depending on the nature of the injuries involved. While someone is subject to an EPO, that person MAY NOT possess a firearm. This is a very strict federal law and could result in a felony conviction if violated. If there was an EPO issued in your case, you should be very careful not to violate the order, even if the alleged victim requests it. Violation of a Protective Order is a separate criminal offense and could end up derailing your chances for a dismissal in the underlying assault case.
How can I lift or modify the Protective Order in Tarrant County?
Many families request the assistance of our Fort Worth Domestic Violence Attorneys in getting the EPO lifted so that the defendant can return home to be with the family and help with family duties. Typically, if the alleged victim is agreeable to this, our attorneys are able to get the EPO modified or lifted so that the defendant can return home without fear of violating the protective order. The court that issued the emergency protective order or the court in which the case was filed can modify all or part of the order. Under Article 17.292 of the Texas Code of Criminal Procedure, in order to get the order modified, the judge must find:
That the EPO as originally issued is unworkable;
That the modification of the EPO will not place the victim of the offense at greater risk than did the original order; and
That the modification will not in any way endanger a person protected under the order.
If you want to lift or modify a protective order that was issued after an allegation of Assault Family Violence, you should contact us immediately so we can get started. Please note that the district attorney’s office has the right to demand a hearing before an EPO is modified, and in our experience, they almost always demand this hearing.
https://www.bhwlawfirm.com/personal-injury/wrongful-death/
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